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2012-2 E.C.R. 1 (2012)

handle is hein.intyb/rrjucfis0145 and id is 1 raw text is: VRw Reports of Cases Case T-237/09 Rgion wallonne V European Commission ((Environment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - National emission allowance allocation plan for Belgium in respect of the period from 2008 to 2012 - Article 44 of Regulation (EC) No 2216/2004 - Subsequent correction - New entrant - Decision instructing the Central Administrator of the Community independent transaction log to enter a correction into the national allocation plan table)) Summary of the Judgment 1. Actions for annulment - Actionable measures - Definition - Measures producing binding legal effects - Action brought against an implied decision of refusal that is apparent from the statement of reasons on which a measure is based - Admissibility (Art. 263 TFEl) 2. Environment - Atmospheric pollution - Directive 2003/87 - National allocation plan for the allocation of greenhouse gas emission allowances (NAP) - NAP notification procedure - Right of the Member State concerned to subsequently make corrections to the NAP table - Permissibility - Criteria - Cumulative nature (Commission Regulation No 2216/2004, Art. 44(2); European Parliament and Council Directive 2003/87, as amended by Directive 2004/101, Art. 9(3)) 3. Environment - Atmospheric pollution - Directive 2003/87 - National allocation plan for the allocation of greenhouse gas emission allowances (NAP) - NAP notification procedure - Right of the Member State concerned to subsequently make corrections to the NAP table - Permissibility - Allocation criteria - Restrictive interpretation (Commission Regulation No 2216/2004, Art. 44(2), fourth subpara.; European Parliament and Council Directive 2003/87, as amended by Directive 2004/101, Arts 9(3) and 11(2) and Annex III) 1. Only the operative part of a decision is capable of producing legal effects and, consequently, of adversely affecting a person's legal interests, regardless of the grounds on which the decision is based. By contrast, the assessments made in the recitals of a decision are not in themselves capable of forming the subject of an action for annulment and can be subject to review by the European Union judicature only to the extent that, as grounds for an act adversely affecting a person's interests, they constitute the necessary basis for the operative part of that act. ECLJ:EU:T:2012:381 1

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