U.S. Steel Košice v. Commission of the European Communities (I and II)

Summary:

In Case T-489/04 (“U.S. Steel Kosice I”), applicant U.S. Steel Kosice requested the annulment of a 2006 Commission decision on the Slovak NAP for Phase I of the EU ETS on the grounds that the Slovak Republic had been pressured by the Commission during allegedly non-transparent, bilateral negotiations into reducing the total number of allowances under the NAP. The court dismissed the application as inadmissible, ruling that the reduction of the total quantity of allowance and the Commission’s decision on the NAP did not individually affect the applicant’s interests.

In the second case, Case T-27/07 (“U.S. Steel Kosice II”), applicant sought annulment of the Commission’s decision regarding the Slovak NAP for Phase II. The court held that the action was inadmissible for the same reason above. Applicant unsuccessfully appealed the decision to the European Court of Justice in Case C-6/08. An appeal of this decision, Case C‑6/08 P, was dismissed and the initial rejection of the requested annulment upheld.

At Issue: Annulment of Slovak National Allocation Plan sought