Country
European Union
Date of text
Status
Decided
Sources
Sabin Center
Court name
General Court (known as Court of First Instance before 2010)
Reference number
[2007] Case T-374/04
Files
Abstract
European Court concluded, inter alia, that while Member States have a degree of freedom in establishing a scheme for greenhouse gas emission allowance trading within the Community, the Commission is authorized to verify that the adopted measures are consistent with Directive 2003/87. Furthermore, individual allocation of allowances for greenhouse gas emissions and the national allocation plan (NAP) are open to amendment under Article 11(1) of Directive 2003/87. The Court also noted that ex-post adjustments of allowances allocated by a NAP do not harm the principal objective of Directive 2003/87.
Key environmental legal questions
Germany sought annulment of Commission decision rejecting ex post adjustments of the National Allocation Plan (NAP)