Order of the Court (Sixth Chamber) of 13 September 2016
Order of the Court (Sixth Chamber) of 13 September 2016
Data
- Court
- Court of Justice
- Case date
- 13 september 2016
Verdict
Order of the Court (Sixth Chamber) of 13 September 2016 —
Romonta v Commission
(Case C‑565/14 P)(*)
"Appeal - Environment - Directive 2003/87/EC - Article 10a - Scheme for greenhouse gas emission allowance trading - Transitional rules for harmonised free allocation of emission allowances from 2013 - Decision 2011/278/EU - National implementation measures submitted by the Federal Republic of Germany - Rejection of the registration of certain installations on the lists of installations receiving free allocations of emission allowances - Provision relating to cases of undue hardship - Implementing powers of the Commission"
1. AppealInterest in bringing proceedingsConditionAppeal capable of procuring an advantage for the party bringing itAdmissibility of a claim seeking substitution of grounds which amounts to a defence to one of the opposing party’s pleas (Art. 256 TFEU; Statute of the Court of Justice, Art. 56, second para.) (see paras 34-36)
2. Acts of the institutionsBasic legislation and implementing legislationImplementing legislation not capable of amending or supplementing the essential elements of the basic legislationClassification of the essential elementsTaking account of the characteristics and particular features of the field concerned (Art. 290 TFEU)(see paras 39, 40)
3. EnvironmentAtmospheric pollutionDirective 2003/87AimReduction of greenhouse gas emissionsCompliance with the sub‑objectives defined by the directive (European Parliament and Council Directive 2003/87, as amended by Directive 2009/29, Recitals 5 and 7 and Art. 1) (see para. 41)
4. EnvironmentAtmospheric pollutionDirective 2003/87Scheme for greenhouse gas emission allowance tradingTransitional regime for free allocation of quotasFully harmonised allocation method on a sector specific basisImplementing rules which may not go against that allocation method (European Parliament and Council Directive 2003/87, as amended by Directive 2009/29, Art. 10a(1)) (see paras 42, 44-47)
Operative part
1. The appeal is dismissed.
2. Romonta GmbH is ordered to bear its own costs and to pay those incurred by the European Commission.