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2012-6 E.C.R. 1 (2012)

handle is hein.intyb/rrjucfis0149 and id is 1 raw text is: VRw Reports of Cases Case T-381/11 Europaischer Wirtschaftsverband der Eisen- und Stahlindustrie (Eurofer) ASBL V European Commission (Action for annulment - Environment - Directive 2003/87/EC - Free allocation of greenhouse gas emission allowances from 2013 onwards - Commission decision establishing product benchmarks to be applied in calculating the allocation of emission allowances - Fourth paragraph of Article 263 TFEU - No individual concern - Regulatory act entailing implementing measures - Inadmissibility) Summary of the Order 1. Action for annulment - Natural or legal persons - Measures of direct and individual concern to them - Commission decision determining transitional Union-wide rules for harmonised free allocation of emission allowances - Action brought by an association which represents the interests of the European steel manufacturing industry - Admissibility - Conditions (Art. 263, fourth para., TFEU; European Parliament and Council Directive 2003/87, Art. 10a) 2. Action for annulment - Natural or legal persons - Measures of direct and individual concern to them - Individual concern - Criteria - Commission decision determining transitional Union-wide rules for harmonised free allocation of emission allowances - Action brought by an association which represents the interests of the European steel manufacturing industry - Absence of individual concern to the undertakings represented - Inadmissibility (Art. 263, fourth para., TFEU; European Parliament and Council Directive 2003/87, Art. 10a) 3. Action for annulment - Natural or legal persons - Meaning of 'regulatory act'for the purposes of the fourth paragraph of Article 263 TFEU - All acts of general application apart from legislative acts - Commission decision determining transitional Union-wide rules for harmonised free allocation of emission allowances - Inclusion - Act entailing implementing measures within the meaning of that provision of the treaty (Arts 263, fourth para., TFEU, 267 TFEU and 289(1) to (3), TFEL; Directive 2003/87 of the European Parliament and of the Council, Arts 10a and 11(1)) 1. An association which represents the interests of the European steel manufacturing industry is, as a rule, entitled to bring an action for annulment against a Commission decision determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87 establishing a scheme for greenhouse gas emission allowance trading within the Community only if the undertakings which it represents or some of those undertakings themselves have standing or if it can prove an interest of its own. (see para. 18) ECLJ:EU:T:2012:2731 1

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