Official Journal of the European Union

C 141/7

Judgment of the Court (Sixth Chamber) of 2 April 2009 — Mebrom NV v Commission of the European Communities

(Case C-373/07 P) (1)

(Appeal - Protection of the ozone layer - Import of methyl bromide into the Union - Refusal to allocate import quotas for 2005 - Legitimate expectations - Legal certainty)

2009/C 141/11

Language of the case: English


Appellant: Mebrom NV (represented by: K. Van Maldegem and C. Mereu, avocats)

Other party to the proceedings: Commission of the European Communities (represented by: X. Lewis, acting as Agent)


Appeal brought against the judgment of the Second Chamber of the Court of First Instance of 22 May 2007 in Case T-216/05 Mebrom v Commission by which the Court dismissed as unfounded an action for annulment of Decision A(05)4338-D/6176 of the Commission of 11 April 2005 refusing to allocate to the appellant quotas for the import of methyl bromide into the European Union in accordance with Articles 6 and 7 of Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (OJ 2000 L 244, p. 1) — Incorrect application of Community law — Inadequate reasoning — Breach of Article 220 EC

Operative part of the judgment

The Court:


Dismisses the appeal;


Orders Mebrom NV to pay the costs.

(1)  OJ C 247, 20.10.2007.