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Federal Republic of Germany v. Commission of the European Communities

Country/Territory
European Union
Date
Nov 1, 2007
Source
UNEP, InforMEA
Court name
General Court (known as Court of First Instance before 2010)
Reference number
[2007] Case T-374/04
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)
Full text
EU-Germany-v-Commission.pdf
Website
climatecasechart.com