Brussels, 02/03/2010 (Agence Europe) - In a judgement pronounced on Tuesday 2 March in Case T-16/04 (Arcelor SA v Parliament and Council), the European Union General Court decided to dismiss the action brought by Arcelor challenging the validity of Directive 2000/87/EC on establishing a system for the trading of quotas for greenhouse gas emissions (the Emissions Trading Directive).
Since its merger with Mittal in 2006, Arcelor has become the world's largest steel producer. It brought an action before the Court of First Instance (now the General Court) seeking annulment of certain articles of the directive and damages in respect of the harm suffered as a result of the directive being adopted. Arcelor claimed that the application of those provisions to installations for the production of pig iron or steel infringes several principles of Community law. The Court dismissed the action for annulment as inadmissible. It noted that Arcelor is neither individually nor directly concerned by the directive. The directive applies in a general and abstract manner to all of the operators covered by the annex thereto, including those in the pig iron or steel production sector. The Court also rejected Arcelor's application for damages. According to the judges, Arcelor has not shown that, in adopting the directive, the Community legislature committed a sufficiently serious breach of the right of property, the freedom to pursue an economic activity, the principle of proportionality, the principle of equal treatment, freedom of establishment or the principle of legal certainly to give rise to non-contractual liability on the part of the Community. Arcelor may appeal against the decision of the General Court within two months. (L.C./transl.jl)