Source: All England Reporter
Publisher Citation: [2005] All ER (D) 304 (Nov)
Court: Court of First Instance of the European Communities (First Chamber)

Judges Cooke (President), Garcia-Valdecasas and Labucka

Judgment Dates: 23 November 2005


European community - Commission - Decision - Annulment - Interpretation of directive - Scheme for greenhouse gas emission allowance trading - Proposed amendment to national allocation plan refused by Commission - Whether Commission decision that amendment inadmissible to be annulled - Parliament and Council Directive (EC) 2003/87, art 9 - Commission Decision C(2005) 1081 final.

The Case

The essential purpose of Parliament and Council Directive (EC) 2003-87 (establishing a scheme for greenhouse gas emission allowance trading within the Community) was to put in place a scheme for greenhouse gas emission allowance trading within the Community based on national allocation plans (NAPs) developed by the member states. It followed from both the wording of the directive, and from the general structure and objectives of the system which it established, that the Commission could not restrict a member state's right to propose amendments, or categories of amendment. Commission Decision C(2005) 1082 final, by which the Commission had concluded that the proposed amendment to the NAP notified by the UK to the Commission was inadmissible, would, accordingly, be annulled.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.