Official Journal of the European Union

C 142/10

(Case C-503/07 P)

(Appeal - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Integrated pollution prevention and reduction - Federal Republic of Germany - Allocation of allowances - Period 2008-2012 - Conditions - Individual concern - Inadmissibility - Right to be heard by a court - Right to a fair hearing)

(2008/C 142/15)

Language of the case: German

Parties

Applicant: Saint-Gobain Glass Deutschland GmbH (represented by: H. Posser and S. Altenschmidt, Rechtsanwälte)

Other parties to the proceedings: Fels-Werke GmbH, Spenner-Zement GmbH & Co KG, Commission of the European Communities (represented by: U. Wölker, Agent)

Re:

Appeal brought against the Order of the Court of First Instance (Third Chamber) of 11 September 2007 in Case T-28/07 Fels-Werke and Others v Commission, by which the Court dismissed as inadmissible the action seeking partial annulment of the Commission Decision of 29 November 2006 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Federal Republic of Germany 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) — Requirement to be individually concerned by the contested decision — Right to be heard by a court and right to a fair hearing

Operative part of the order

1.The appeal is dismissed.

2.Saint-Gobain Glass Deutschland GmbH is ordered to pay the costs.

(1) OJ C 64, 8.3.2008.