European Commission v Latvia C-267/11P, [2013] All ER (D) 66 (Oct)
The European Commission was bound by a three-month time-limit in which to reject a notified national allocation plan (NAP) submitted by a member state pursuant to Art 9(1) of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 (establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, as amended by Directive 2004/101/EC of the European Parliament and of the Council of 27 October 2004) (the Directive). The need for that time-limit followed from the timetable laid down in Arts 9(1) and 11(2) of the Directive. Under that timetable, the plans should be notified to the Commission at least 18 months before the start of the period concerned and implemented at the latest 12 months before the start of that period by an allocation of emission allowances. When an amended NAP was notified after rejection by the Commission of its initial version, compliance with that three-month time-limit was all the more necessary since the period remaining before the implementation of the plan was considerably shorter
