10.11.2014

Official Journal of the European Union

C 395/49

(Case T-631/13) (*)

((Environment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Transitional rules for harmonised free allocation of emission allowances from 2013 - Decision 2011/278/EU - National implementation measures presented by Germany - Clause relating to extremely difficult cases - Freedom to conduct a business - Right to property - Proportionality))

(2014/C 395/61)

Language of the case: German

Parties

Applicant: Raffinerie Heide GmbH (Hemmingstedt, Germany) (represented by: U. Karpenstein, lawyer)

Defendant: European Commission (represented by: E. White, C. Hermes and K. Herrmann, acting as Agents)

Re:

Application for annulment of Commission Decision 2013/448/EU of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council (OJ 2013 L 240, p. 27) in so far as Article 1(1) thereof, read in conjunction with Annex I, Point A thereto, rejects the inscription of the installation with the identification code DE000000000000010 on the list of installations provided for in Article 11(1) of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32), and the preliminary total annual amounts of emission allowances to be allocated for free to that installation

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Raffinerie Heide GmbH to pay the costs.

(*)

Language of the case: German

ECLI:EU:C:2014:031

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