23.2.2008

EN

Official Journal of the European Union

C 51/56

(Case T-483/07)

(2008/C 51/102)

Language of the case: Romanian

Parties

Applicant: Romania (represented by: Aurel Ciobanu-Dordea, Agent, Emilia Gane and Dumitra Mereuță, Advisers)

Defendant: Commission of the European Communities

Forms of order sought

The applicant claims that the Court of First Instance should:

—Annul the Commission's decision (C(2007) 5240 final) of 26 October 2007 concerning the national allocation plan for greenhouse gas emission certificates for the year 2007, notified by Romania pursuant to Directive 2003/87/EC of the European Parliament and of the Council;

—Order the Commission of the European Communities to pay the costs of the proceedings.

Pleas in law and main arguments

By the contested decision, the Commission rejected in part the national allocation plan for greenhouse gas emission certificates for the year 2007, notified by Romania pursuant to Directive 2003/87/EC (1), reducing by 9,080765 million tonnes of CO₂, equivalent per year the overall number of certificates that will be allocated for the Community scheme and establishing that the average overall annual volume covered by the emission quotas that may be allocated will not exceed 74,836235 million tonnes.

In support of its action, the applicant submits as follows:

—the Commission has failed to comply with Article 9(1) and (3) and Article 11(1) of Directive 2003/87/EC, in that it has established, with binding force, on the basis of a method of its own, the overall volume of the emission quotas that can be allocated by Romania, thus encroaching upon the latter's sphere of competence;

—the Commission has applied a method wholly lacking in transparency for the purposes of determining the overall volumes of the emission quotas, thus infringing not only Article 9(1) of Directive 2003/87/EC, but also Article 9(3) thereof;

—in applying its own method, the Commission has infringed the principle of non-discrimination;

—the Commission has failed to comply with Article 9(3) of Directive 2003/87/EC and Article 253 EC, in that it has failed to give adequate reasons for decision C(2007) 5240 final.

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).