European Union

Federal Republic of Germany v. Commission of the European Communities (Court of First Instance, Third Chamber, Extended Composition, 2007)

Jurisdiction: European Union


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: Federal Republic of Germany (Government)


Side B: Commission of the European Communities (Government)


Core objectives:

Germany sought annulment of Commission decision rejecting ex post adjustments of the National Allocation Plan (NAP)


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.
Case documents

Related laws and policies
from the Grantham Research Institute
from the Grantham Research Institute
Climate Change Laws of the World uses cookies to make the site simpler. Find out more about cookies >>