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EnBW Energie Baden-Wórttemberg AG v. Commission of the European Communities (Court of First Instance, Third Chamber, 2007)

Jurisdiction: Court of First Instance

Principle law(s): EU Emission Trading Scheme (EU ETS) (Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC)

Side A: EnBW Energie Baden-Württemberg AG (Corporation)

Side B: Commission of the European Communities (Government)

Core objectives: German energy producer sought annulment of German National Allocation Plan (NAP)

European Court decision on the implementation of Directive 2003/87/EC establishing the greenhouse gas allowance trading scheme. EnBW (major German energy producer) requested the annulment of the Commission decision of 7 July 2004 on the German National Allocation Plan (NAP). EnBW Energie Baden-Wórttemberg AG disagreed with the allocation methods for power stations decommissioning nuclear energy installations and considered the generous transfer rule illegal state aid. It claimed that the Commission had failed to initiate state aid procedures under EC law, thereby breaching Article 88 (2) of the Treaty. In its order of 30 April 2007, the Court decided that the request was inadmissible for lack of interest in bringing the proceedings.
Case documents

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