15.8.2009

EN

Official Journal of the European Union

C 193/27

(Case T-237/09)

2009/C 193/43

Language of the case: French

Parties

Applicant: Région Wallonne (represented by: J.-M. De Backer, A. Lapièce, and I.-S. Brouhns, lawyers)

Defendant: Commission of the European Communities

Form of order sought

—An order annulling the Commission’s decision of 27 March 2009 concerning the Belgian National Allocation Plan on the ground that the decision rejects the allocation of allowances to installation No 116 for the period 2008 — 2012, and permitting allocation by annual tranches in accordance with Annex Va to the NAP;

—An order that the Commission pay the costs.

Pleas in law and main arguments

The applicant claims annulment of the Commission’s decision of 27 March 2009 concerning the national plan for allocation of greenhouse gas emission allowances for Belgium for the period from 2008 to 2012, by which the Commission refused the correction to the ‘National Allocation Plan table’ according allowances to installation No 116.

In support of its action, the applicant relies on four pleas in law:

—breach of Article 44(2) of Commission Regulation (EC) No 2216/2004, since the Commission relied on grounds which were not provided for by the applicable provision;

—breach of its obligation to state reasons for the contested decision, from which it cannot be ascertained in what way the correction to Belgium’s ‘National Allocation Plan table’ in respect of installation No 116 is not based on the national plan for allocation of greenhouse gas emission allowances notified by Belgium and approved by the Commission beforehand;

—breach of the principle of legal certainty and of legitimate expectations, on the ground that the contested decision is contrary to the national plan for allocation of greenhouse gas emission allowances approved by the Commission;

—breach of the principle of good faith in Community matters and of sound administration, since the Commission adopted a decision which is contrary to a previous decision adopted six months earlier.

Commission Regulation (EC) No 2216/2004 of 21 December 2004 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council (OJ 2004 L 386, p. 1)