European Union

Fels-Werke GmbH v. Commission of the European Communities (Court of First Instance, 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: Fels-Werke GmbH (Corporation)


Side B: Commission of the European Communities (Government)


Core objectives:

Sought to annul Commission decision rejecting part of the German Phase II NAP


Summary
Applicants sought to annul Commission decision rejecting part of the German Phase II national allocation plan (NAP). The court dismissed the action as inadmissible because the Applicants were not individually affected. The decision as appeal to the European Court of Justice in Case C-503/07, Saint-Gobain Glass Deutschland v. Commission of the European Communities (European Court of Justice, 2008). The Court affirmed the lower court's decision and dismissed the appeal, ruling that the Appellant could not sufficiently demonstrate that it was individually affected by the contested decision.
Case documents

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