Judgment of the Court of First Instance in Case T-374/04 Federal Republic of Germany v Commission of the European Communities.

The Court of First Instance annuls the Commission decision which found that ‘ex-post adjustments’ that may be made in Germany to greenhouse gas emission allowances are incompatibile with Community rules. The Commission has not demonstrated that the subsequent downward adjustments provided for in the German national allocation plan infringe the criteria laid down in the directive establishing a scheme for greenhouse gas emission allowance trading within the Community.