Poland and Estonia win NAP appeal

The Court of First Instance has ruled that the European Commission exceeded its powers of review of National Allocation Plans (NAPs) of Estonia and Poland. The Court has therefore annulled decisions made by the Commission limiting the number of EU allowances the two countries receive between 2008 and 2012. As a result, the Commission will have to restart negotiations with both Member States on their NAPs.

The Commission has yet to decide whether to make an appeal to the European Court of Justice. It has two months to take up this option. Six other Eastern European Member States - Bulgaria, Romania, Lithuania, Latvia, Hungary and the Czech Republic – have filed similar lawsuits against the Commission’s NAP decisions. These cases are, as yet, in the early stages.