26.5.2012

Official Journal of the European Union

C 151/2

(Case C-505/09 P) (<span class="super">1</span>)

(Appeal - Environment - Directive 2003/87/EC - Greenhouse gas emission allowance trading scheme - National allocation plan for emission allowances for the Republic of Estonia for the period 2008 to 2012 - Respective competences of the Commission and the Member States - Article 9(1) and (3) and Article 11(2) of Directive 2003/87 - Equal treatment - Principle of sound administration)

2012/C 151/03

Language of the case: Estonian

Parties

Appellant: European Commission (represented by: E. Kružíková and E. Randvere and by E. White, acting as Agents)

Intervener in support of the Commission: Kingdom of Denmark (represented by C. Vang, acting as Agent)

Other parties to the proceedings: Republic of Estonia (represented by: L. Uibo and M. Linntam, acting as Agents), Republic of Lithuania, Slovak Republic, United Kingdom of Great Britain and Northern Ireland

Interveners in support of the Republic of Estonia: Czech Republic (represented by M. Smolek, acting as Agent), Republic of Latvia (represented by K. Drēviņa and I. Kalniņš, acting as Agents)

Re:

Appeal against the judgment of the General Court (Seventh Chamber) of 23 September 2009 in Case T-263/07 Estonia v Commission by which the Court annulled the Commission’s decision of 4 May 2007 concerning the national greenhouse gas allocation plan notified by the Republic of Estonia for the period from 2008 to 2012, in accordance with 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) — Error of law in examining the admissibility of the application for annulment — Misinterpretation of Articles 9(1) and (3) and 11(2) of Directive 2003/87/EC and the general principle of equal treatment — Misinterpretation of the scope and extent of the principle of sound administration — Erroneous classification of the provisions of the contested decision as not separable, leading to the total rather than partial annulment of that decision

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders the European Commission to pay the costs;

3.Orders the Czech Republic, the Kingdom of Denmark and the Republic of Latvia to bear their own costs.

(<span class="super">1</span>) OJ C 63, 13.3.2010.