U.S. Steel Kosice v. Commission of the European Communities , T-27/07 - European Union

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: U.S. Steel Košice (Corporation)

Side B: Commission of the European Communites (Government)

Core objectives: Challenge Slovak National Allocation Plan for EU Emissions Trading Scheme compliance

Summary

In Case T-489/04 ("U.S. Steel Kosice I"), applicant U.S. Steel Kosice requested the annulment of a 2006 Commission decision on the Slovak NAP for Phase I of the EU ETS on the grounds that the Slovak Republic had been pressured by the Commission during allegedly non-transparent, bilateral negotiations into reducing the total number of allowances under the NAP. The court dismissed the application as inadmissible, ruling that the reduction of the total quantity of allowance and the Commission's decision on the NAP did not individually affect the applicant's interests. In the second case, Case T-27/07 ("U.S. Steel Kosice II"), applicant sought annulment of the Commission's decision regarding the Slovak NAP for Phase II. The court held that the action was inadmissible for the same reason above. Applicant unsuccessfully appealed the decision to the European Court of Justice in Case C-6/08.

Case documents

Related laws and policies

This law implements European Union legislation

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)

Passed in 2003 Legislative

This Directive establishes a Community GHG emissions trading scheme from 2005, to enable the Community and the Member States to meet their Kyoto Protocol commitments. Directive 2004/101/EC reinforces the link between the EU's emission allowance trading scheme and the Kyoto Protocol by making the ...