Corte di giustizia UE/2016

62014CJ0556_EN [OSCURATO:PERSONA] part [OSCURATO:PERSONA] C‑556/14 P, APPEAL under [OSCURATO:PERSONA] 56 of the Statute of the [OSCURATO:PERSONA] of Justice of the [OSCURATO:PERSONA], brought on 1 December 2014, [OSCURATO:PERSONA] (Romania) SA , established in Bucharest (Romania), represented by L. Arnauts, avocat, appellant, the other party to the proceedings being: [OSCURATO:PERSONA] , represented by E. White and K. Mifsud‑Bonnici, acting as Agents, defendant at first instance, [OSCURATO:PERSONA] ([OSCURATO:PERSONA]), composed of J.L. da [OSCURATO:PERSONA] (Rapporteur), President of the [OSCURATO:PERSONA], F. Biltgen, A. [OSCURATO:PERSONA], E. Levits and M. Berger, Judges, [OSCURATO:PERSONA]: P. Mengozzi, Registrar: A. [OSCURATO:PERSONA], having regard to the written procedure, having decided, after hearing the [OSCURATO:PERSONA], to proceed to judgment without an Opinion, gives the following [OSCURATO:PERSONA] 1. By its appeal, [OSCURATO:PERSONA] (Romania) SA (‘[OSCURATO:PERSONA]’) asks the [OSCURATO:PERSONA] to set aside the judgment of the [OSCURATO:PERSONA] of the [OSCURATO:PERSONA] of 18 September 2014 in [OSCURATO:PERSONA] (Romania) v [OSCURATO:PERSONA] (T‑317/12, EU:T:2014:782, ‘the judgment under appeal), by which the [OSCURATO:PERSONA] dismissed [OSCURATO:PERSONA]’s action seeking, first, compensation for the damage which [OSCURATO:PERSONA] allegedly sustained because of the [OSCURATO:PERSONA] alleged fault (i) in refusing to disclose to it information concerning greenhouse gas emission allowances allegedly stolen from [OSCURATO:PERSONA] and (ii) in prohibiting all transactions involving those allowances and, secondly, compensation for that damage on the basis of the [OSCURATO:PERSONA] strict liability. Legal context International law 2. [OSCURATO:PERSONA] on [OSCURATO:PERSONA] (‘the [OSCURATO:PERSONA]) was adopted on 9 May 1992 and approved, on behalf of the [OSCURATO:PERSONA], by [OSCURATO:PERSONA] 94/69/EC of 15 December 1993 concerning the conclusion of the [OSCURATO:PERSONA] on [OSCURATO:PERSONA] (OJ 1994 L 33, p. 11). It entered into force, with regard to the [OSCURATO:PERSONA], on 21 March 1994. 3. [OSCURATO:PERSONA] to the [OSCURATO:PERSONA] (‘the [OSCURATO:PERSONA]’) was adopted on 11 December 1997. [OSCURATO:PERSONA] protocol was approved on behalf of the [OSCURATO:PERSONA] by [OSCURATO:PERSONA] 2002/358/EC of 25 April 2002 (OJ 2002 L 130, p. 1). 4. In accordance with [OSCURATO:PERSONA] 3(1) of the [OSCURATO:PERSONA], during the period 2008 to 2012, the [OSCURATO:PERSONA] and international organisations included in Annex I to the [OSCURATO:PERSONA], including the [OSCURATO:PERSONA], had to ensure that their aggregate anthropogenic emissions of certain greenhouse gases did not exceed a certain amount, referred to as the ‘assigned amount’. 5. The assigned amount was expressed in tonnes of carbon dioxide equivalent, one tonne being equivalent to one ‘assigned amount unit’. During the period 2008 to 2012, as a supplement to actions for the purpose of meeting quantified emission limitation and reduction commitments, each [OSCURATO:PERSONA] included in Annex I to the [OSCURATO:PERSONA] could vary its assigned amount, so that it was not less than its actual emissions. To that end, the parties could carry out a range of operations by means of the assigned unit amounts and the other types of unit provided for by the [OSCURATO:PERSONA] (together ‘the [OSCURATO:PERSONA] units’). 6. On 30 November 2005, the Conference of the [OSCURATO:PERSONA] to the [OSCURATO:PERSONA] serving as the meeting of the [OSCURATO:PERSONA] to the [OSCURATO:PERSONA] adopted [OSCURATO:PERSONA] 13/CMP.1. The annex to that decision sets out the ‘[m]odalities for the accounting of assigned amounts’. 7. As set out in paragraph 44 of the Annex to [OSCURATO:PERSONA] 13/CMP.1, ‘each national registry shall make non-confidential information publicly available’. Paragraph 47 of that annex lists the information referred to in paragraph 44, including the units held and the transactions carried out in the context of the national registry. [OSCURATO:PERSONA] information consists in a series of data relating to the [OSCURATO:PERSONA] units held, issued, acquired, transferred or cancelled in the accounts held in the national registries. [OSCURATO:PERSONA] law 8. [OSCURATO:PERSONA] 2003/87/EC of the [OSCURATO:PERSONA] and of the [OSCURATO:PERSONA] of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the [OSCURATO:PERSONA] and amending [OSCURATO:PERSONA] 96/61/EC (OJ 2003 L 275, p. 32), as amended by [OSCURATO:PERSONA] (EC) No 219/2009 of the [OSCURATO:PERSONA] and of the [OSCURATO:PERSONA] of 11 March 2009 (OJ 2009 L 87, p. 109, ‘[OSCURATO:PERSONA] 2003/87’), states, in recital 5 of that directive, that it ‘aims to contribute to fulfilling the commitments [stemming from the [OSCURATO:PERSONA]] of the [OSCURATO:PERSONA] and its [OSCURATO:PERSONA] more effectively, through an efficient [OSCURATO:PERSONA] market in greenhouse gas emission allowances, with the least possible diminution of economic development and employment’. 9. [OSCURATO:PERSONA] 1 of [OSCURATO:PERSONA] 2003/87 provides that that directive ‘establishes a scheme for greenhouse gas emission allowance trading within the [OSCURATO:PERSONA] (hereinafter referred to as the “[OSCURATO:PERSONA] scheme”) in order to promote reductions of greenhouse gas emissions in a cost‑effective and economically efficient manner’. 10. [OSCURATO:PERSONA] 2 of [OSCURATO:PERSONA] 2003/87, relating to the scope of that directive, provides, in paragraph 1 thereof: ‘[OSCURATO:PERSONA] shall apply to emissions from the activities listed in Annex I and greenhouse gases listed in Annex II’. 11. [OSCURATO:PERSONA] 3(a) of [OSCURATO:PERSONA] 2003/87 defines the greenhouse gas emission allowance (‘the emission allowance’) as being ‘an allowance to emit one tonne of carbon dioxide equivalent during a specified period, which shall be valid only for the purposes of meeting the requirements of this [OSCURATO:PERSONA] and shall be transferable in accordance with the provisions of this [OSCURATO:PERSONA]’. 12. In accordance with [OSCURATO:PERSONA] 11(2) and (4) of that directive, during the five-year period beginning on 1 January 2008, the competent authority of the [OSCURATO:PERSONA] concerned is to issue, each year, to the operator of an installation coming within one of the sector[s] of activities listed in Annex I to that directive a certain number of emission allowances. The allowances must be issued by 28 February of the year in question (year N). 13. In accordance with [OSCURATO:PERSONA] 12(3) of [OSCURATO:PERSONA] 2003/87, by 30 April of year N+1 at the latest, the operator of an installation must surrender a number of emission allowances equal to the total emissions actually emitted from that installation during the calendar year N. 14. [OSCURATO:PERSONA] 19(2) and (3) of [OSCURATO:PERSONA] 2003/87 provides: ‘2. Any person may hold allowances. The registry shall be accessible to the public and shall contain separate accounts to record the allowances held by each person to whom and from whom allowances are issued or transferred. 3. In order to implement this [OSCURATO:PERSONA], the [OSCURATO:PERSONA] shall adopt a [OSCURATO:PERSONA] for a standardised and secured system of registries in the form of standardised electronic databases containing common data elements to track the issue, holding, transfer and cancellation of allowances, to provide for public access and confidentiality as appropriate and to ensure that there are no transfers which are incompatible with the obligations resulting from the [OSCURATO:PERSONA]. [OSCURATO:PERSONA] shall also include provisions concerning the use and identification of [certified emission reductions] and [emission reduction units] in the [OSCURATO:PERSONA] scheme and the monitoring of the level of such use. ...’ 15. [OSCURATO:PERSONA] 20 of that directive provides: ‘1. [OSCURATO:PERSONA] shall designate a [OSCURATO:PERSONA] to maintain an independent transaction log recording the issue, transfer and cancellation of allowances. 2. [OSCURATO:PERSONA] shall conduct an automated check on each transaction in registries through the independent transaction log to ensure there are no irregularities in the issue, transfer and cancellation of allowances. 3. If irregularities are identified through the automated check, the [OSCURATO:PERSONA] shall inform the [OSCURATO:PERSONA] or [OSCURATO:PERSONA] concerned who shall not register the transactions in question or any further transactions relating to the allowances concerned until the irregularities have been resolved.’ 16. Pursuant to [OSCURATO:PERSONA] 19(3) of [OSCURATO:PERSONA] 2003/87, the [OSCURATO:PERSONA] adopted [OSCURATO:PERSONA] (EC) No 2216/2004 of 21 December 2004 for a standardised and secured system of registries pursuant to [OSCURATO:PERSONA] 2003/87 and [OSCURATO:PERSONA] 280/2004/EC of the [OSCURATO:PERSONA] and of the [OSCURATO:PERSONA] (OJ 2004 L 386, p. 1). [OSCURATO:PERSONA] regulation was repealed as from 1 January 2012 by [OSCURATO:PERSONA] (EC) No 994/2008 of 8 October 2008 (OJ 2008 L 271, p. 3). [OSCURATO:PERSONA], taking into account the date of the conduct of which the [OSCURATO:PERSONA] is accused, the present dispute remains governed by [OSCURATO:PERSONA] 2216/2004, as amended by [OSCURATO:PERSONA] (EU) No 920/2010 of 7 October 2010 (OJ 2010 L 270, p. 1, ‘[OSCURATO:PERSONA] 2216/2004’). 17. [OSCURATO:PERSONA] 5 of [OSCURATO:PERSONA] 2216/2004, on the independent transaction log provided for in [OSCURATO:PERSONA] 20 of [OSCURATO:PERSONA] 2003/87, provides in paragraph 3: ‘[OSCURATO:PERSONA] designated pursuant to [OSCURATO:PERSONA] 20 of [OSCURATO:PERSONA] 2003/87/EC shall operate and maintain the [OSCURATO:PERSONA] independent transaction log in accordance with the provisions of this [OSCURATO:PERSONA].’ 18. [OSCURATO:PERSONA] 10 of [OSCURATO:PERSONA] 2216/2004 provides: ‘1. All information, including the holdings of all accounts and all transactions made, held in the registries and the [OSCURATO:PERSONA] independent transaction log shall be considered confidential for any purpose other than the implementation of the requirements of this [OSCURATO:PERSONA], [OSCURATO:PERSONA] 2003/87/EC or national law. 2. The following entities may obtain data stored in the registries and the [[OSCURATO:PERSONA] independent transaction log]: (a) the law enforcement and tax authorities of a [OSCURATO:PERSONA]; (b) the [OSCURATO:PERSONA] of the [OSCURATO:PERSONA] [OLAF]; (c) Europol; (d) registry administrators of [OSCURATO:PERSONA]. 2 a . Transaction data may be provided to the entities listed under paragraph 2. upon their request to the [OSCURATO:PERSONA] or to a registry administrator if such requests are justified and necessary for the purposes of investigation, detection and prosecution of fraud, tax administration or enforcement, money laundering, terrorism financing or serious crime. 2 b . An entity receiving data in accordance with paragraph 2 a shall ensure that the data received is only used for the purposes stated in the request in accordance with paragraph 2 a and is not made available deliberately or accidentally to persons not involved in the intended purpose of the data use. [OSCURATO:PERSONA] provision shall not preclude these entities to make the data available to other entities listed in paragraph 2, if this is necessary for the purposes stated in the request made in accordance with paragraph 2 a . 2 c . Upon their request, the [OSCURATO:PERSONA] administrator may provide access to anonymised transaction data to the entities listed in paragraph 2 for the purpose of looking for suspicious transaction patterns. Entities with such access may notify suspicious transaction patterns to other entities listed in paragraph 2. 2 d . [OSCURATO:PERSONA] administrators shall make available through secure means to all other registry administrators the names and identities of persons whom they refused to open an account for, or whom refused to nominate as an authorised representative or additional authorised representative. 2 e . [OSCURATO:PERSONA] administrators may decide to notify to national law enforcement authorities all transactions that involve a number of units above the amount determined by the registry administrator and to notify any account that is involved in a number of transactions within a 24‑hour period that is above an amount determined by the registry administrator. 3. Each competent authority and registry administrator shall only perform processes concerning allowances, verified emissions, automatic national allocation plan table changes, accounts or [OSCURATO:PERSONA] units where necessary to carry out their functions as competent authority or registry administrator.’ 19. [OSCURATO:PERSONA] 27(1) of [OSCURATO:PERSONA] 2216/2004 provides: ‘If, on 1 April of each year starting in 2006, an installation’s annual verified emissions for the preceding year have not been entered into the verified emissions table …, the registry administrator shall block the transfer of any allowances out of the operator holding account for that installation.’ 20. [OSCURATO:PERSONA] 69 of [OSCURATO:PERSONA] 2216/2004 provides: ‘[OSCURATO:PERSONA] may suspend access to the [OSCURATO:PERSONA] independent transaction log and a registry administrator may suspend access to his registry if there is a breach of security of the [OSCURATO:PERSONA] independent transaction log or of a registry which threatens the integrity of the [OSCURATO:PERSONA] independent transaction log or of a registry or the integrity of the registries system ...’ Background to the dispute 21. [OSCURATO:PERSONA], a company specialised in the production of cement, aggregates, asphalt and ready-mixed concrete, has emission allowance accounts registered at the Romanian registry. On 16 November 2010, one million allowances belonging to it were allegedly unlawfully transferred to an account in Italy and 600 000 allowances transferred to Liechtenstein. The allowances stolen and not recovered as at the date on which the application was lodged at the [OSCURATO:PERSONA] were, in the appellant’s view, worth about EUR 15 000 000. 22. By letter of 24 November 2010, [OSCURATO:PERSONA] officially notified the incident to the [OSCURATO:PERSONA] and asked it to ‘request ... the [OSCURATO:PERSONA] to freeze’ the emission allowances allegedly stolen and ‘block the ... accounts’ through which the allowances had passed. By letter of 25 November 2010, the appellant lodged a complaint with the Romanian public prosecutor. By letter of 2 December 2010, the appellant’s lawyers asked the [OSCURATO:PERSONA] to ‘suspend and refuse access to [the] accounts’ through which the allowances allegedly stolen had passed. 23. By letter of 14 December 2010, the competent Head of Unit of the [OSCURATO:PERSONA] replied to the appellant’s lawyers in the following terms: ‘... As regards your request to suspend and refuse access to relevant accounts, our view is that the recovery of any allowances which are claimed to have been transferred fraudulently is a matter for national law and national law enforcement authorities. [OSCURATO:PERSONA] has no powers to block any such allowances in a registry account. As regards transactions with allowances, please note that this information is pursuant to [OSCURATO:PERSONA] 10 and Annex XVI of [OSCURATO:PERSONA] [No 2216/2004] confidential for five years. Notwithstanding this provision, the [OSCURATO:PERSONA] does co-operate with relevant law enforcement authorities to solve the [issue of] unauthorised access to [the] accounts [in question]. Finally, concerning your request to stop any transfer of allowances in national registries until standard banking security measures have been implemented, such action would be disproportionate and lacks legal base …’ 24. By letter of 22 December 2010, the Director-[OSCURATO:PERSONA] of the ‘[OSCURATO:PERSONA][OSCURATO:PERSONA] of the [OSCURATO:PERSONA], in the capacity as [OSCURATO:PERSONA] of the independent transaction log provided for in [OSCURATO:PERSONA] 20(1) of [OSCURATO:PERSONA] 2003/87, replied to the letter of 24 November 2010 in similar terms. 25. As is apparent from paragraph 30 of the judgment under appeal, on 28 December 2010 interlocutory proceedings were brought against the [OSCURATO:PERSONA] by a company other than the appellant before the Tribunal de première instance de Bruxelles ([OSCURATO:PERSONA] of [OSCURATO:PERSONA], [OSCURATO:PERSONA]) (Belgium). The aim of those proceedings was, in particular, to have the President of that court order the [OSCURATO:PERSONA] to ‘disclose the identity of the holder or holders’ of the accounts in which the allowances allegedly stolen appeared and ‘block all national registries in which [such] allowances [were] registered’. On 21 February 2011, [OSCURATO:PERSONA] lodged an application for leave to intervene before the Tribunal de première instance de Bruxelles in order to secure the same measures as those sought by the other company. 26. By letter of 18 March 2011, the [OSCURATO:PERSONA] of the [OSCURATO:PERSONA] for the Investigation of [OSCURATO:PERSONA] and Terrorism (Romania) informed the appellant that it had sent a request to the Belgian judicial authorities on 11 January 2011 by way of letters rogatory. The aim of that request was, essentially, that the [OSCURATO:PERSONA]-[OSCURATO:PERSONA] of the [OSCURATO:PERSONA] with responsibility for maintaining the independent transaction log should, first, prohibit the national authorities responsible for maintaining national registries from accounting for and authorising transactions involving the emission allowances belonging to [OSCURATO:PERSONA]. [OSCURATO:PERSONA], that [OSCURATO:PERSONA]‑[OSCURATO:PERSONA] was requested to produce a range of information and data concerning the alleged unauthorised transfer of the stolen emission allowances and any subsequent transaction concerning those allowances. 27. As is apparent from paragraph 37 of the judgment under appeal, on 7 April 2011, OLAF replied to that request sent by way of letters rogatory and sent the Romanian public prosecutor, as the [OSCURATO:PERSONA] clarified, a ‘CD-ROM and a hard drive containing 300 gigabytes of information’. [OSCURATO:PERSONA], on the same date, the [OSCURATO:PERSONA] again refused to disclose to [OSCURATO:PERSONA] the data requested concerning the transactions on the [OSCURATO:PERSONA] independent transaction log. 28. By letter of 31 May 2011, the appellant’s lawyer informed the [OSCURATO:PERSONA] that the aim of the interlocutory proceedings was to have the [OSCURATO:PERSONA] ordered to block the emission allowances allegedly stolen on 16 November 2010 and disclose ‘their current location in the national registries’. He then asked the [OSCURATO:PERSONA] not to permit the surrender of those allowances and, at the very least, to block them and reallocate them to their rightful holder. 29. By order of 3 June 2011, the President of the Tribunal de première instance de Bruxelles ruled that he had ‘no jurisdiction’ to entertain the proceedings. 30. On 18 July 2011, the [OSCURATO:PERSONA] replied to the letter sent to it by the appellant’s lawyer on 31 May 2011, and confirmed that ‘the recovery of any allowances which [were] claimed to have been transferred fraudulently [was] a matter for national law and national law enforcement authorities’. [OSCURATO:PERSONA] also stated that it had no powers ‘to block [emission] allowances in a registry account as such allowances continue[d] to represent legally valid compliance instruments’. Procedure before the [OSCURATO:PERSONA] and the judgment under appeal 31. By application lodged at the [OSCURATO:PERSONA] on 11 July 2012, [OSCURATO:PERSONA] brought an action for a finding that the [OSCURATO:PERSONA] was liable for the conduct of the [OSCURATO:PERSONA] and an order for the [OSCURATO:PERSONA] to pay [OSCURATO:PERSONA] a sum by way of compensation for its damage. In support of its action, [OSCURATO:PERSONA] alleged, principally, that the [OSCURATO:PERSONA] was liable on the basis of fault, that is to say liable by virtue of unlawful conduct, and put forward 12 pleas in law. In the alternative, [OSCURATO:PERSONA] claimed that the [OSCURATO:PERSONA] should incur strict liability, that is liability for lawful conduct, on the basis of a single plea in law. 32. In paragraph 59 of the judgment under appeal, the [OSCURATO:PERSONA] held that the conduct of which [OSCURATO:PERSONA] accused the [OSCURATO:PERSONA] that might give rise to those types of liability consisted in the alleged refusal by the [OSCURATO:PERSONA], first, to ‘disclos[e] the localisation of … stolen [emission allowances]’ and, secondly, its refusal to ‘[block the] stolen [emission allowances]’. 33. By the judgement under appeal, the [OSCURATO:PERSONA] dismissed the action in its entirety. Forms of order sought by the parties before the [OSCURATO:PERSONA] of Justice 34. [OSCURATO:PERSONA] claims that the [OSCURATO:PERSONA] should: – set aside the judgment under appeal; – refer the case back to the [OSCURATO:PERSONA] to be judged again; – in the alternative, without referring the case back to the [OSCURATO:PERSONA], grant the form of order sought by [OSCURATO:PERSONA] as requested before that [OSCURATO:PERSONA]; and – order the [OSCURATO:PERSONA] to pay the costs incurred before the [OSCURATO:PERSONA] and the [OSCURATO:PERSONA] of Justice. 35. [OSCURATO:PERSONA] contends that the [OSCURATO:PERSONA] should: – dismiss the appeal; – order the appellant to pay the costs. The appeal 36. By its appeal, [OSCURATO:PERSONA] challenges, first, the dismissal by the [OSCURATO:PERSONA] of its claim for damages for fault-based liability. It relies on 12 grounds of appeal in that regard. The first 7 grounds are directed at the first form of conduct of which the [OSCURATO:PERSONA] is accused, namely the refusal to ‘disclose the location of the stolen allowances’, whereas the 8th to 12th grounds are directed at the second form of conduct of which the [OSCURATO:PERSONA] is accused, relating to the refusal ‘to block those allowances’. [OSCURATO:PERSONA], [OSCURATO:PERSONA] challenges the dismissal by the [OSCURATO:PERSONA] of its claims for damages for strict liability and puts forward one ground of appeal in that regard. The grounds of appeal concerning the fault-based liability of the [OSCURATO:PERSONA] first and third grounds of appeal – [OSCURATO:PERSONA] of the parties 37. By its first ground of appeal, [OSCURATO:PERSONA] submits that the [OSCURATO:PERSONA] misinterpreted the balance between confidentiality and transparency laid down by [OSCURATO:PERSONA] 10 of [OSCURATO:PERSONA] 2216/2004, by affording exaggerated and unlawful protection to the interests of the thieves of the stolen allowances to the detriment of the interests of the victims. In particular, the [OSCURATO:PERSONA] erred in law in holding that [OSCURATO:PERSONA] 10 of [OSCURATO:PERSONA] 2216/2004 provides for a general rule for preserving the confidentiality of the information in the registries, since that finding implies that the exceptions to such a general rule should be interpreted strictly. 38. In that regard, the appellant complains that the [OSCURATO:PERSONA] held, in paragraph 107 of the judgment under appeal, that the information in the national registries and independent transaction log provided for in [OSCURATO:PERSONA] 20(1) of [OSCURATO:PERSONA] 2003/87 could be disclosed ‘as a rule, only [to the benefit of] authorities exercising public powers’. Such a limitation of the beneficiaries of such information would preclude almost any form of disclosure. [OSCURATO:PERSONA] adds that the [OSCURATO:PERSONA], in paragraph 122 et seq. of the judgment under appeal, adopted an excessively restrictive interpretation of the expression ‘law enforcement authorities’, laid down in [OSCURATO:PERSONA] 10 of [OSCURATO:PERSONA] 2216/2004, in holding that the reference to the ‘law’ had to be interpreted as referring only to the criminal law. 39. Consequently, the appellant submits that the [OSCURATO:PERSONA] also vitiated that judgment by contradictory reasoning, since the possibility of obtaining information on the stolen emission allowances depends solely on the specialisation of the authority in question. 40. The third ground of appeal put forward by [OSCURATO:PERSONA] is directed at paragraphs 153 to 155 of the judgment under appeal. By that ground of appeal, the appellant submits that the [OSCURATO:PERSONA] incorrect interpretation of [OSCURATO:PERSONA] 10 of [OSCURATO:PERSONA] 2216/2004 infringed [OSCURATO:PERSONA] 19 of [OSCURATO:PERSONA] 2003/87 and, in particular, the balance between confidentiality and transparency sought by that provision, in granting almost absolute protection to the principle of confidentiality. Whereas the protection for the confidentiality of accounts is direct and certain pursuant to that strict and erroneous interpretation of [OSCURATO:PERSONA] 10 of [OSCURATO:PERSONA] 2216/2004, the right to transparency claimed by the victims of thefts is applied indirectly, if at all, since any disclosure of the data relating to the stolen allowances is left to the discretion of the national criminal authorities. 41. By its fourth and fifth grounds of appeal, directed at paragraphs 167, 168 and 174 of the judgment under appeal respectively, [OSCURATO:PERSONA] submits in essence that the interpretation of [OSCURATO:PERSONA] 10 of [OSCURATO:PERSONA] 2216/2004 adopted by the [OSCURATO:PERSONA], endorsed by the [OSCURATO:PERSONA], which unlawfully protects the confidentiality of the data requested, has the same effects as an unlawful expropriation of its emission allowances. 42. In addition, in accordance with that interpretation, [OSCURATO:PERSONA] submits that the [OSCURATO:PERSONA] failed to have regard to the principle of effective judicial protection, on the ground that the restrictive confidentiality rules which flow from such an interpretation would, in essence, render pointless any judicial proceedings brought in order to recover the stolen emission allowances. 43. [OSCURATO:PERSONA] contends that those grounds of appeal should be rejected. – Findings of the [OSCURATO:PERSONA] 44. It must be pointed out, first of all, that [OSCURATO:PERSONA] 2216/2004 was adopted pursuant to [OSCURATO:PERSONA] 19(3) of [OSCURATO:PERSONA] 2003/87. [OSCURATO:PERSONA] regulation must ensure, in the words of that provision, ‘public access’ to a standardised and secured system of registries and ‘confidentiality as appropriate’ of the electronic data contained in that system. 45. Next, it must be noted that [OSCURATO:PERSONA] 10(1) of [OSCURATO:PERSONA] 2216/2004 provides that all information held in the registries is to be ‘considered confidential for any purpose other than the implementation of the requirements of th[at] [OSCURATO:PERSONA], [OSCURATO:PERSONA] 2003/87/EC or national law’. 46. [OSCURATO:PERSONA], as regards the data relating to the names of holders of the transferring accounts and acquiring accounts of the emission allowances and the date and time of those transactions, the [OSCURATO:PERSONA] has held that a request for the reporting of such data comes exclusively under the specific rules governing public reporting and confidentiality contained in [OSCURATO:PERSONA] 2003/87 and in [OSCURATO:PERSONA] 2216/2004 (see judgment in Ville de Lyon , C‑524/09, EU:C:2010:822, paragraph 41). 47. In addition, the [OSCURATO:PERSONA] found that such data must remain confidential for purposes other than the operation and maintenance of the registries (see judgment in Ville de Lyon , C‑524/09, EU:C:2010:822, paragraph 50). 48. In the light of those considerations, it must be found, first, that the [OSCURATO:PERSONA] did not err in law in holding, in paragraphs 106 and 107 of the judgment under appeal, that [OSCURATO:PERSONA] 10 of [OSCURATO:PERSONA] 2216/2004 established, as a general rule, that the data held in the registries was confidential and that, therefore, the exceptions to that general rule had to be interpreted strictly. 49. [OSCURATO:PERSONA], it must be pointed out that the arguments set out in paragraphs 38 and 39 of the present judgment are based on a misinterpretation of the judgment under appeal. 50. Consequently, in stating in paragraph 107 of the judgment under appeal that the exception to the confidential treatment of the data contained in the registries benefits ‘as a rule, only authorities exercising public powers’, the [OSCURATO:PERSONA] did not in any way adopt an excessively restrictive interpretation of [OSCURATO:PERSONA] 10 of [OSCURATO:PERSONA] 2216/2004. It simply pointed out that the entities listed in [OSCURATO:PERSONA] 10(2) of that regulation, that is those which may obtain the data at issue, are public persons, equipped, as such, with powers falling outside the scope of the general law. 51. Similarly, the [OSCURATO:PERSONA] did not restrict the possibility of benefiting from the disclosure of the information in the registries solely to law enforcement authorities. [OSCURATO:PERSONA] simply held, in paragraph 122 of the judgment under appeal, that the President of the Tribunal de première instance de Bruxelles, as a judge hearing an application for interim measures, could not be considered ‘a law enforcement authority’ within the meaning of [OSCURATO:PERSONA] 10(2)(a), inasmuch as he was not responsible for any investigation concerning the emission allowances. In addition, the [OSCURATO:PERSONA] did not in any way justify the non-disclosure of the information at issue to that authority on the basis of the latter’s specialisation. It follows from those considerations that the judgment under appeal is not vitiated by any contradictory reasoning. 52. In any event, it must be found that the [OSCURATO:PERSONA] took into account, contrary to [OSCURATO:PERSONA]’s claims, the interest of the holders of the stolen emission allowances. 53. [OSCURATO:PERSONA], in paragraph 154 of the judgment under appeal, the [OSCURATO:PERSONA] held that a victim of an alleged criminal offence, such as the theft of emission allowances, may obtain the disclosure of data relating to those allowances held in the registries and the [OSCURATO:PERSONA] independent transaction log, pursuant to [OSCURATO:PERSONA] 10 of [OSCURATO:PERSONA] 2216/2004. It stated that [OSCURATO:PERSONA] 10 did not preclude the authorities listed in [OSCURATO:PERSONA] 10(2) from disclosing to those victims the confidential information concerning the stolen emission allowances, nor those victims, on the basis of the information disclosed to them, from bringing judicial proceedings for the seizure and recovery of those allowances. 54. [OSCURATO:PERSONA], in paragraph 121 of the judgment under appeal, the [OSCURATO:PERSONA] found, without being contradicted by the appellant, that, in response to the request of the Romanian public prosecutor, OLAF had sent that national authority a series of data concerning the stolen allowances. In the light of the sending of that data, the [OSCURATO:PERSONA] held that the appellant could not validly claim that the [OSCURATO:PERSONA] had refused to disclose information to the Romanian public prosecutor on the basis of its confidentiality. 55. In those circumstances, it must be found that the [OSCURATO:PERSONA] did not err in law in finding that the [OSCURATO:PERSONA] had not infringed in a sufficiently serious manner the balance between confidentiality and transparency laid down in [OSCURATO:PERSONA] 10 of [OSCURATO:PERSONA] 2216/2004 and that, consequently, the [OSCURATO:PERSONA] did not disregard [OSCURATO:PERSONA] 19 of [OSCURATO:PERSONA] 2003/87. 56. In the light of all the foregoing considerations, the first and third to fifth grounds of appeal must be rejected The second and sixth grounds of appeal – [OSCURATO:PERSONA] of the parties 57. By its second ground of appeal, [OSCURATO:PERSONA] submits that, in confirming the [OSCURATO:PERSONA] interpretation of [OSCURATO:PERSONA] 10 of [OSCURATO:PERSONA] 2216/2004, the [OSCURATO:PERSONA] infringed the confidentiality rules laid down by the [OSCURATO:PERSONA]. The ground of appeal is in two parts. By the first part of the second ground of appeal, the appellant submits that, as the [OSCURATO:PERSONA] recognised in paragraph 131 of the judgment under appeal, the Annex to [OSCURATO:PERSONA] 13/CMP.1 forms part of the [OSCURATO:PERSONA] legal order. Consequently, such an annex must be taken into consideration in order to assess the legality of the EU confidentiality rules concerning emission allowances and, in particular, [OSCURATO:PERSONA] 10 of [OSCURATO:PERSONA] 2216/2004. The interpretation of that article by the [OSCURATO:PERSONA] infringes the confidentiality rules laid down by the [OSCURATO:PERSONA], in particular since the [OSCURATO:PERSONA] held, in paragraphs 134 and 135 of the judgment under appeal, that the information envisaged in paragraphs 44 and 47 of the Annex to [OSCURATO:PERSONA] 13/CMP.1 should be made available to the public only when it is non-confidential in nature. 58. By the second part of that ground of appeal, concerning the findings in paragraphs 139 to 146 of the judgment under appeal as to whether the nature and aims of emission allowances and [OSCURATO:PERSONA] units were identical, the appellant submits, first of all, that the [OSCURATO:PERSONA] has not set out the grounds for its statements. Next, it submits that the fact that the [OSCURATO:PERSONA] units are mentioned, together with emission allowances, in [OSCURATO:PERSONA] 10(3) of [OSCURATO:PERSONA] 2216/2004, shows that the two instruments have the same nature and are subject to the same confidentiality rules. [OSCURATO:PERSONA], in [OSCURATO:PERSONA]’s view, emission allowances and [OSCURATO:PERSONA] units pursue the same aim of reducing greenhouse gas emissions. 59. By its sixth ground of appeal, directed at paragraph 179 of the judgment under appeal, [OSCURATO:PERSONA] complains that the [OSCURATO:PERSONA] failed to observe the principle of legal certainty in that, in the area of publicity, it should have applied to the emission allowances the same rules laid down for the [OSCURATO:PERSONA] units in paragraphs 44 and 47 of the Annex to [OSCURATO:PERSONA] 13.CMP/1, given that those two types of instrument have the same nature. 60. [OSCURATO:PERSONA] contends that the second and sixth grounds of appeal should be rejected. – Findings of the [OSCURATO:PERSONA] 61. In the first place, it must be found, first, that contrary to [OSCURATO:PERSONA]’s claims, the [OSCURATO:PERSONA] did not accept, in paragraph 131 of the judgment under appeal, that the Annex to [OSCURATO:PERSONA] 13/CMP.1 forms part of the EU legal order and may be relied upon before the Courts of the [OSCURATO:PERSONA]. By contrast, it held that, even if that were the case, the plea in law raised before it could be rejected on other grounds. [OSCURATO:PERSONA], as is apparent from paragraph 46 above, a request for the reporting of the data contained in the registries comes exclusively under the specific rules governing public reporting and confidentiality contained in [OSCURATO:PERSONA] 2003/87 and in [OSCURATO:PERSONA] 2216/2004 ( Ville de Lyon, C‑524/09, EU:C:2010:822, paragraph 41). 62. In this instance, it must be found that, as the [OSCURATO:PERSONA] held in paragraph 138 of the judgment under appeal, paragraphs 44 and 47 of the Annex to [OSCURATO:PERSONA] 13/CMP.1 relate only to the disclosure to the public of information relating to the units stemming from the [OSCURATO:PERSONA] system. Such a system remains distinct from the [OSCURATO:PERSONA] scheme for greenhouse gas emission allowance trading, established under [OSCURATO:PERSONA] 1 of [OSCURATO:PERSONA] 2003/87. 63. In the context of the [OSCURATO:PERSONA] scheme, [OSCURATO:PERSONA] 3(a) of that directive defines the emission allowance as an instrument ‘valid only for the purposes of meeting the requirements of this [OSCURATO:PERSONA] and shall be transferable in accordance with the provisions of this [OSCURATO:PERSONA]’. 64. In addition, as the [OSCURATO:PERSONA] found in paragraphs 144 and 145 of the judgment under appeal, the [OSCURATO:PERSONA] units are instruments which the [OSCURATO:PERSONA] and the international organisation party to that convention may use in order to meet their obligations laid down in it. On the other hand, in the EU scheme, the emission allowances are instruments that can belong to the assets of the natural and legal persons who carry out the activities referred to in Annex I to [OSCURATO:PERSONA] 2003/87. Consequently, as is apparent from [OSCURATO:PERSONA] 1 of that directive, emission allowances reflect a commercial logic. 65. [OSCURATO:PERSONA] logic consists in ensuring that the reductions of greenhouse gas emissions required to achieve a predetermined environmental outcome take place at the lowest cost. By allowing in particular the allowances that have been allocated to be sold, the scheme is intended to encourage a participant in the scheme to emit quantities of greenhouse gases that are less than the allowances originally allocated him, in order to sell the surplus to another participant who has emitted more than his allowance (judgment in [OSCURATO:PERSONA] et Lorraine and Others , C‑127/07, EU:C:2008:728, paragraph 32). 66. [OSCURATO:PERSONA]’s arguments have not therefore showed the existence of an error of law by the [OSCURATO:PERSONA] when it held that emission allowances and [OSCURATO:PERSONA] units are different in nature and address different aims. Consequently, the publicity regime established by the Annex to [OSCURATO:PERSONA] 13. CMP/1 as regards the [OSCURATO:PERSONA] units cannot be applied to emission allowances, even if such a measure were to form part of the EU legal order. 67. In addition, it must be held that in not applying to emission allowances the rules provided for in the Annex to [OSCURATO:PERSONA] 13/CMP.1 concerning the [OSCURATO:PERSONA] units, the [OSCURATO:PERSONA] did not fail to have regard to the principle of legal certainty, given the different nature of those two instruments. 68. Consequently, the second and sixth grounds of appeal must be rejected. The seventh ground of appeal – [OSCURATO:PERSONA] of the parties 69. By its seventh ground of appeal, [OSCURATO:PERSONA] complains that the [OSCURATO:PERSONA], in essence, did not penalise the failure to observe the duty of care incumbent upon the [OSCURATO:PERSONA] which required it to disclose the data relating to the stolen emission allowances. The scope of that duty could be defined by analogy, by referring to the obligations imposed on the [OSCURATO:PERSONA] by [OSCURATO:PERSONA] 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering (OJ 1991 L 166, p. 77). 70. [OSCURATO:PERSONA] contends that the seventh ground of appeal should be dismissed – Findings of the [OSCURATO:PERSONA] 71. It must be pointed out that, in paragraphs 183 to 185 of the judgment under appeal, the [OSCURATO:PERSONA] examined the plea in law alleging an infringement of [OSCURATO:PERSONA] 91/308 and held it to be inadmissible, since that plea in law did not satisfy the requirements of coherence and intelligibility required under [OSCURATO:PERSONA] 44(1)(c) of the Rules of Procedure of the [OSCURATO:PERSONA]. [OSCURATO:PERSONA], [OSCURATO:PERSONA] does not call in question those paragraphs of the judgment under appeal or the grounds justifying such a declaration of inadmissibility. 72. In that regard, it must be noted that, in an appeal, the appellant may not rely on pleas in law declared inadmissible by the [OSCURATO:PERSONA], where the finding that they are inadmissible is not contested (judgment in [OSCURATO:PERSONA] v [OSCURATO:PERSONA] , C‑202/07 P, EU:C:2009:214, paragraph 93). 73. Consequently, the seventh ground of appeal must be rejected. The eighth and ninth grounds of appeal – [OSCURATO:PERSONA] of the parties 74. By its eighth ground of appeal, directed at paragraphs 204 and 205 of the judgment under appeal, [OSCURATO:PERSONA] complains that the [OSCURATO:PERSONA], in essence, failed to penalise the breach of the duty of sound administration incumbent upon the [OSCURATO:PERSONA] which required it to block the circulation of the stolen emission allowances. In view of the fact that technically the [OSCURATO:PERSONA] has the power to block certain allowances, it cannot be accepted, first, that the only case in which the [OSCURATO:PERSONA] may block the transactions in the independent transaction log is the presence of systemic risk, as provided for in [OSCURATO:PERSONA] 69 of [OSCURATO:PERSONA] 2216/2004 and, secondly, that the [OSCURATO:PERSONA] does not have the power to block the transactions concerning emission allowances at the level of the national registries. 75. [OSCURATO:PERSONA] further submits that the [OSCURATO:PERSONA] infringed the rules on the burden of proof in failing to order the [OSCURATO:PERSONA] to produce to it the administrative file relating to blocking of the registries in January 2011. 76. By its ninth ground of appeal, [OSCURATO:PERSONA] submits that, in paragraph 210 of the judgment under appeal, the [OSCURATO:PERSONA] failed to observe the principle of legal certainty in not penalising the conduct of the [OSCURATO:PERSONA] for, first, having suspended access to the registries in January 2011 and, secondly, having refused [OSCURATO:PERSONA]’s request to block certain allowances. 77. [OSCURATO:PERSONA] further states that, in other circumstances, the [OSCURATO:PERSONA] did indeed block such allowances. [OSCURATO:PERSONA] therefore erred in law in failing to request the [OSCURATO:PERSONA] to present evidence on that issue in order to clarify it. 78. In addition, the judgment under appeal is vitiated by a failure to state the grounds in that the [OSCURATO:PERSONA] did not respond to [OSCURATO:PERSONA]’s argument that, in essence, it cannot be claimed that the [OSCURATO:PERSONA] must choose between the total blocking of the system and no intervention at all. 79. [OSCURATO:PERSONA] contends that those grounds of appeal should be rejected. – Findings of the [OSCURATO:PERSONA] 80. It must be noted, first of all, that, in accordance with the principle of sound administration, the EU institutions must examine all the relevant particulars of a case with care and impartiality and gather all the factual and legal information necessary to exercise their discretion (see, to that effect, judgment in [OSCURATO:PERSONA] and Elaris v CPVO and Schniga , C‑534/10 P, EU:C:2012:813, paragraph 51). 81. In this instance, [OSCURATO:PERSONA]’s complaints summarised in paragraphs 74 and 76 above are based on the incorrect premiss that the [OSCURATO:PERSONA] was empowered to block the appellant’s allowances in circumstances such as those of the present case. [OSCURATO:PERSONA], as the [OSCURATO:PERSONA] was fully entitled to hold, in paragraphs 201 and 205 of the judgment under appeal, neither [OSCURATO:PERSONA] 27 nor [OSCURATO:PERSONA] 69 of [OSCURATO:PERSONA] 2216/2004 allowed, in the present case, the [OSCURATO:PERSONA] to block the stolen emission allowances. In particular, [OSCURATO:PERSONA] 69 only allows all access to be suspended to a registry in the event of systemic risk. [OSCURATO:PERSONA] does not, however, rely on any other provision of [OSCURATO:PERSONA] 2216/2004 or [OSCURATO:PERSONA] 2003/87 which would allow the [OSCURATO:PERSONA] to block the stolen allowances. 82. Since there is no provision allowing the [OSCURATO:PERSONA] to block the appellant’s allowances in circumstances such as those of the present case, it must be found, first, that the [OSCURATO:PERSONA] did not err in holding that the [OSCURATO:PERSONA] had not failed to have regard to the principle of sound administration and, secondly, that the [OSCURATO:PERSONA] did not fail to have regard to the principle of legal certainty. 83. It must be found, next, that the complaints summarised in paragraphs 75 and 77 above are inadmissible. By its complaints, [OSCURATO:PERSONA] seeks, in essence, to have the [OSCURATO:PERSONA] of Justice substitute its own assessment of the facts and evidence for that carried out by the [OSCURATO:PERSONA] in the judgment under appeal. 84. [OSCURATO:PERSONA], it must be found that, in paragraph 209 of the judgment under appeal, the [OSCURATO:PERSONA] provided a sufficient explanation of the reasons why the [OSCURATO:PERSONA] could only carry out a generalised suspension of all access to the registries in the event of systemic risk. Consequently, the judgment under appeal is not vitiated by a failure to state the grounds. 85. In the light of all of the foregoing considerations, the eighth and ninth grounds of appeal must be rejected. The 10th ground of appeal – [OSCURATO:PERSONA] of the parties 86. [OSCURATO:PERSONA] ground of appeal is directed at paragraphs 214 and 215 of the judgment under appeal and relates to an alleged infringement of [OSCURATO:PERSONA] 20 of [OSCURATO:PERSONA] 2003/87. [OSCURATO:PERSONA] complains that the [OSCURATO:PERSONA], first, did not expand on the concept of an ‘automated check’ and held, nevertheless, that [OSCURATO:PERSONA] should have proved that the theft could have been detected by such an ‘automated check’. [OSCURATO:PERSONA], [OSCURATO:PERSONA] submits that the [OSCURATO:PERSONA] should have found that the [OSCURATO:PERSONA] had unlawfully refrained from ordering the national registries not to register the transactions concerning the stolen emission allowances, whereas the obligation not to register them in the case of irregularities stems from [OSCURATO:PERSONA] 20 of [OSCURATO:PERSONA] 2003/87. [OSCURATO:PERSONA], [OSCURATO:PERSONA] complains that the [OSCURATO:PERSONA] failed to examine its argument, as illustrated in Annex D.10 to the appeal, according to which the [OSCURATO:PERSONA] had illegally ordered the national registries not to disclose the data relating to the stolen emission allowances. 87. [OSCURATO:PERSONA] contends that the 10th ground of appeal should be rejected. – Findings of the [OSCURATO:PERSONA] 88. By the first part of the 10th ground of appeal, [OSCURATO:PERSONA] does not attribute to the [OSCURATO:PERSONA] any error of law capable of calling in question the legality of the judgment under appeal. Accordingly, the first part of the ground of appeal must be rejected. 89. As regards the second part of that ground, relating to the alleged duty of the [OSCURATO:PERSONA] to block the allowances on the national registries, it is sufficient to point out that [OSCURATO:PERSONA] 20 of [OSCURATO:PERSONA] 2003/87 does not confer on the [OSCURATO:PERSONA] any power to block emission allowances in a case such as the present. [OSCURATO:PERSONA] 20 provides only, in paragraph 3 thereof, that ‘if irregularities are identified through the automated check, the [OSCURATO:PERSONA] shall inform the [OSCURATO:PERSONA] or [OSCURATO:PERSONA] concerned who shall not register the transactions in question …’. 90. [OSCURATO:PERSONA], the third part of the 10th ground of appeal concerning Annex D.10 to the appeal is inadmissible, in that the appellant has not indicated sufficiently precisely the legal arguments specifically advanced in support of its application to have the judgment under appeal set aside (see, to that effect, judgment in Italy v [OSCURATO:PERSONA] , C‑280/14 P, EU:C:2015:792, paragraph 42). 91. Having regard to those considerations, the 10th ground of appeal must be rejected. The 11th ground of appeal – [OSCURATO:PERSONA] of the parties 92. By its 11th ground of appeal, [OSCURATO:PERSONA] submits, in essence, that contrary to the statement of the [OSCURATO:PERSONA] in paragraph 219 of the judgment under appeal, it had already in its originating application pleaded a failure to have regard to the principle of equal treatment, notably in the context of the pleas in law concerning the principles of sound administration and diligence. In particular, [OSCURATO:PERSONA] was treated less favourably than other undertakings, whose emission allowances had been blocked at the beginning of 2010. [OSCURATO:PERSONA] should therefore have found that such an argument constituted an amplification of pleas previously relied upon and, consequently, could not have been considered inadmissible. 93. [OSCURATO:PERSONA] contends that the 11th ground of appeal should be rejected. – Findings of the [OSCURATO:PERSONA] 94. It must be pointed out that, in its originating application before the [OSCURATO:PERSONA], [OSCURATO:PERSONA] did not argue that it was treated less favourably that than companies whose emission allowances had been blocked at the beginning of 2010. 95. In any event, even if such an argument could be considered an amplification of pleas previously relied upon, it must be found that the appellant’s arguments seek, in essence, to have the [OSCURATO:PERSONA] carry out factual appraisal, in particular as regards the conditions in which the [OSCURATO:PERSONA] is alleged to have blocked the accounts at the beginning of 2010, which exceeds the competences of the [OSCURATO:PERSONA] in the context of an appeal. 96. In the light of those considerations, the appellant’s 11th ground of appeal must be rejected. The 12th ground of appeal – [OSCURATO:PERSONA] of the parties 97. The 12th ground of appeal is directed at paragraph 224 of the judgment under appeal and relates to an alleged failure to have regard to the principle of effective judicial protection. [OSCURATO:PERSONA] complains that the [OSCURATO:PERSONA] held, in essence, that even if the stolen emission allowances were not blocked, [OSCURATO:PERSONA] could have brought legal proceedings giving it the real possibility of being able to recover those allowances. 98. [OSCURATO:PERSONA] contends that the 12th ground of appeal is unfounded. – Findings of the [OSCURATO:PERSONA] 99. In that regard, it is sufficient to note, first, that [OSCURATO:PERSONA] 10 of [OSCURATO:PERSONA] 2216/2004 does not preclude the authorities listed in [OSCURATO:PERSONA] 10(2) of that regulation from disclosing to the victims of theft the confidential information stored in the registries concerning the stolen emission allowances. [OSCURATO:PERSONA], nor do es such a provision preclude the victims of theft from using the information which they have thus obtained in order to bring judicial proceedings for recovery of such allowances. 100. It follows from this that the [OSCURATO:PERSONA] did not undermine the principle of effective judicial protection in holding, in paragraph 223 of the judgment under appeal, that bringing judicial proceedings in order to recover the stolen emission allowances is not conditional upon those allowances being the subject of a blocking decision. 101. In those circumstances, the 12th ground of appeal must be rejected. The ground of appeal concerning the strict liability of the [OSCURATO:PERSONA] of the parties 102. [OSCURATO:PERSONA] submits that the judgment under appeal is vitiated by a failure to state the grounds as regards the determination of the unusual nature of the damage sustained by that company. [OSCURATO:PERSONA] failed to state the grounds for its findings, in paragraph 237 of the judgment under appeal, according to which, first, business confidentiality could not be guaranteed without the application of the confidentiality rules such as those laid down in [OSCURATO:PERSONA] 10 of [OSCURATO:PERSONA] 2216/2004 and, secondly, the absence of such a provision would compromise the very existence of an emission allowance market. 103. In addition, in a case such as the present, the [OSCURATO:PERSONA] should temper the conditions required in order to engage the strict liability of the [OSCURATO:PERSONA], by distancing itself thus from the case-law arising from the judgment in FIAMM and Others v [OSCURATO:PERSONA] and [OSCURATO:PERSONA] (C‑120/06 and C‑121/06, EU:C:2008:476). 104. [OSCURATO:PERSONA] contends that the present ground of appeal should be dismissed. Findings of the [OSCURATO:PERSONA] 105. A plea alleging that liability is incurred for a lawful act of the [OSCURATO:PERSONA] must be rejected, and the [OSCURATO:PERSONA] does not need to adjudicate on the possibility of liability being incurred on the part of the [OSCURATO:PERSONA] for such acts, inasmuch as the material and non-material damage alleged by the appellant are not unusual or special (see, to that effect, judgments in Développement et Clemessy v [OSCURATO:PERSONA] , 267/82, EU:C:1986:253, paragraph 33, and [OSCURATO:PERSONA] v [OSCURATO:PERSONA] , C‑414/08 P, EU:C:2010:165, paragraph 141). 106. In the present case, it must be found that [OSCURATO:PERSONA] simply alleges a failure to state the grounds in the judgment under appeal as regards the unusual nature of the damage which it has sustained. In the appellant’s view, the [OSCURATO:PERSONA] has not stated the grounds, in paragraph 237 of the judgment under appeal, for its statements that, first, business confidentiality could not be guaranteed without the application of confidentiality rules such as those laid down in [OSCURATO:PERSONA] 10 of [OSCURATO:PERSONA] 2216/2004 and, secondly, the absence of such a provision would compromise the existence of an emission allowances market. 107. It must be found that the [OSCURATO:PERSONA], in particular in the analysis carried out in the first and third pleas in law of the judgment under appeal, explained to the requisite legal standard the reasons underlying the adoption of the scheme established by [OSCURATO:PERSONA] 10 of [OSCURATO:PERSONA] 2216/2004. 108. The present ground of appeal must therefore be rejected. 109. It follows from all of the foregoing considerations that the appeal must be dismissed in its entirety. Costs 110. [OSCURATO:PERSONA] 184(2) of its Rules of Procedure, where the appeal is unfounded, the [OSCURATO:PERSONA] is to make a decision as to the costs. 111. [OSCURATO:PERSONA] 138(1) of those Rules, applicable to the procedure on appeal by virtue of [OSCURATO:PERSONA] 184(1) thereof, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. Since the [OSCURATO:PERSONA] has applied for costs to be awarded against [OSCURATO:PERSONA] and [OSCURATO:PERSONA] has been unsuccessful, [OSCURATO:PERSONA] must be ordered to pay the costs of the appeal proceedings. [OSCURATO:PERSONA] part On those grounds, the [OSCURATO:PERSONA] ([OSCURATO:PERSONA]) hereby: 1. Dismisses the appeal; 2. [OSCURATO:PERSONA] (Romania) SA to pay the costs.