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Commission's National Allocation Plan emissions decision annulled

DATE: 22 Mar 2011

The General Court (formerly the European Court of First Instance) (Third Chamber) today gave judgment in Case T-369/07Latvia v Commission annulling Commission Decision C(2007) 3409, of 13 July 2007, on the amendment of the national allocation plan ("NAP") of greenhouse gas emission allowances notified by the Republic of Latvia for the period from 2008 to 2012, under 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.
 
The General Court ruled that Latvia's NAP had become definitive on 30 March 2007 because under Article 9(3) of the Directive the Commission's time limit for responding to the NAP expired the day before.
 
The case considers a similar issue to that which it considered in Case T-263/07 Poland v Commission under appeal to the Court of Justice of the European Union in Case C-504/09 P.
 
James Maurici appeared for the United Kingdom as intervener in the Latvia case and the earlier Poland case and in a number of other pending similar cases.