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Case C-405/07 P: Judgment of the Court (Second Chamber) of 6 November 2008 — Kingdom of the Netherlands v Commission of the European Communities (Appeal — Article 95(5) EC — Directive 98/69/EC — Measures to be taken against air pollution by emissions from motor vehicles — Derogating national provision advancing the lowering of the Community limit on emissions of particulate matter produced by certain new diesel-powered vehicles — Commission's refusal — Specificity of the problem — Duties of care and to state reasons)
ECLI:EU:UNKNOWN:62007CA0405
62007CA0405
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Official Journal of the European Union
C 327/5
(Case C-405/07 P)
(Appeal - Article 95(5) EC - Directive 98/69/EC - Measures to be taken against air pollution by emissions from motor vehicles - Derogating national provision advancing the lowering of the Community limit on emissions of particulate matter produced by certain new diesel-powered vehicles - Commission's refusal - Specificity of the problem - Duties of care and to state reasons)
(2008/C 327/08)
Language of the case: Dutch
Parties
Applicant: Kingdom of the Netherlands (represented by: D.J.M. de Grave and C.M. Wissels, acting as Agents)
Other party to the proceedings: Commission of the European Communities (represented by: M. Patakia, H. van Vliet and A. Alcover San Pedro, acting as Agents)
Re:
Appeal against the judgment of 27 June 2007 of the Court of First Instance (Fourth Chamber) in Case T-182/06 Netherlands v Commission, by which it dismissed the application for annulment of Commission Decision 2006/372/EC of 3 May 2006 concerning draft national provisions notified by the Kingdom of the Netherlands under Article 95(5) EC laying down limits on the emissions of particulate matter by diesel-powered vehicles (OJ 2006 L 142, p. 16)
Operative part of the judgment
The Court:
1.Sets aside the judgment of 27 June 2007 of the Court of First Instance of the European Communities in Kingdom of the Netherlands v Commission (T-182/06);
2.Annuls Commission Decision 2006/372/EC of 3 May 2006 concerning draft national provisions notified by the Kingdom of the Netherlands under Article 95(5) EC laying down limits on the emissions of particulate matter by diesel-powered vehicles;
3.Orders the Commission of the European Communities to pay the costs.
(1) OJ C 269, 10.11.2007.