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EnBW Energie Baden-Württemberg AG v. Commission of the European Communities

Country/Territory
European Union, Germany
Type of court
International court
Date
Apr 30, 2007
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
Jaeger, M.
Azizi, J.
Cremona, E.
Reference number
T-387/04
Language
German
Subject
Air & atmosphere
Keyword
Air quality standards Energy conservation/energy production Air pollution (stationary sources) Air quality/air pollution
Abstract
One of the main German energy producers requested the annulment of Commission decision of 7 July 2004 on the German National Allocation Plan (NAP) with regard to emissions of greenhouse gases. The company, EnBW Energy Baden Württemberg AG, did not agree with the allocation methods for power stations decommissioning nuclear energy installations (such as one of its main competitors RWE) and claimed that this was state aid. EnBW claimed that the Commission failed to start the state aid procedure, breaching Article 88(2) of the EC Treaty. The CFI ordered this request inadmissible for lack of interest in bringing proceedings.
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