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The Climate Litigation Database
Litigation

Federal Republic of Germany v. Commission of the European Communities

Date
2007
Geography
International

About this case

Filing year
2007
Status
Annulment granted
Geography
International
Court/admin entity
European Union → General Court (known as Court of First Instance before 2010)
Case category
Suits against governments → GHG emissions reduction and trading → EU ETS
Principal law
European Union
At issue
Germany sought annulment of Commission decision rejecting ex post adjustments of the National Allocation Plan (NAP)

Documents

Filing Date
Type
Document
Summary
11/07/2007
Decision
View
–

Summary

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.