25.8.2007

EN

Official Journal of the European Union

C 199/38

(Case T-194/07)

(2007/C 199/74)

Language of the case: Czech

Parties

Applicant: Czech Republic (represented by: T. Boček, Agent)

Defendant: Commission of the European Communities

Form of order sought

—annul the contested decision;

—order the Commission to pay the costs.

Pleas in law and main arguments

The applicant seeks annulment of Commission Decision C(2007) 1294 final version of 26 March 2007 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Czech Republic in accordance with Directive 2003/87/EC of the European Parliament and of the Council. (1) According to the contested decision, certain aspects of the Czech Republic's national allocation plan do not comply with Annex III to Directive 2003/87/EC.

The applicant submits that the Commission has infringed Article 9(3) of Directive 2003/87/EC, as well as the principle of legal certainty and legitimate expectation, by failing to published the contested decision within the time limit laid down by Article 9(3) of Directive 2003/87/EC.

In addition, the applicant states that the Commission exceeded its power and thus infringed Article 9(3) in conjunction with Articles 9(1) and 11(2) of Directive 2003/87/EC in that, in the contested decision, it applied its own method for fixing the maximum quantity of allowances and on basis of that method in fact laid down, in binding form, the total quantity of allowances which the Czech Republic is entitled to allocate.

Even if the Commission were entitled to use its own method for establishing that the national allocation plan complies with the requirements of Directive 2003/87/EC, it infringed Article 9(3) of that directive in that (i) the method it used was neither transparent nor objective and (ii) the resulting quantity of emissions allowances does not comply with the criteria laid down in Annex III to Directive 2003/87/EC.

Finally, the applicant submits that the Commission infringed Article 9(3) of Directive 2003/87/EC by failing adequately to state reasons.

(1) 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).