Possibilities for Locus Standi and Non-Contractual Damages for Private Parties under the European Emissions Trading Scheme

Case T-16/04, Arcelor SA v. European Parliament and Council of the European Union nyr1.The applicant has failed to demonstrate that, in adopting the contested Directive, the Community legislature acted unlawfully or committed a sufficiently serious breach of a rule of law designed to confer rights on the applicant.2.Consequently, the application for damages must be rejected without there being any need to rule on the other conditions giving rise to non-contractual liability on the part of the Community or on the plea of inadmissibility raised raised by the Council in relation to certain annexes to the reply. (official headnotes)