This document is an excerpt from the EUR-Lex website
Document 62004TA0016
Case T-16/04: Judgment of the General Court of 2 March 2010 — Arcelor v Parliament and Council (Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Action for annulment — Lack of direct and individual concern — Action for damages — Admissibility — Sufficiently serious breach of a higher-ranking rule of law conferring rights on individuals — Right to property — Freedom to pursue a trade or profession — Proportionality — Equal treatment — Freedom of establishment — Legal certainty)
Case T-16/04: Judgment of the General Court of 2 March 2010 — Arcelor v Parliament and Council (Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Action for annulment — Lack of direct and individual concern — Action for damages — Admissibility — Sufficiently serious breach of a higher-ranking rule of law conferring rights on individuals — Right to property — Freedom to pursue a trade or profession — Proportionality — Equal treatment — Freedom of establishment — Legal certainty)
Case T-16/04: Judgment of the General Court of 2 March 2010 — Arcelor v Parliament and Council (Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Action for annulment — Lack of direct and individual concern — Action for damages — Admissibility — Sufficiently serious breach of a higher-ranking rule of law conferring rights on individuals — Right to property — Freedom to pursue a trade or profession — Proportionality — Equal treatment — Freedom of establishment — Legal certainty)
IO C 100, 17.4.2010, p. 35–35
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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17.4.2010 |
EN |
Official Journal of the European Union |
C 100/35 |
Judgment of the General Court of 2 March 2010 — Arcelor v Parliament and Council
(Case T-16/04) (1)
(Environment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Action for annulment - Lack of direct and individual concern - Action for damages - Admissibility - Sufficiently serious breach of a higher-ranking rule of law conferring rights on individuals - Right to property - Freedom to pursue a trade or profession - Proportionality - Equal treatment - Freedom of establishment - Legal certainty)
2010/C 100/52
Language of the case: English
Parties
Applicant: Arcelor SA (Luxembourg, Luxembourg) (represented by: W. Deselaers, B. Meyring and B. Schmitt-Rady and subsequently by W. Deselaers and B. Meyring, lawyers,)
Defendants: European Parliament (represented by: K. Bradley and M. Moore and subsequently by L. Visaggio and I. Anagnostopoulou, Agents) and Council of the European Union (represented by: B. Hoff-Nielsen and M. Bishop, subsequently by E. Karlsson and A. Westerhof Löfflerova and subsequently by A. Westerhof Löfflerova and K. Michoel, Agents)
Intervener in support of the defendants: European Commission (represented by: U. Wölker, Agent)
Re:
Partial annulment of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32), and compensation for the damage allegedly suffered by the applicant in consequence of the adoption of that directive
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Arcelor SA to bear its own costs and those incurred by the European Parliament and the Council of the European Union; |
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3. |
Orders the European Commission to bear its own costs. |