Judgment of the General Court (Second Chamber) of 26 July 2023
Judgment of the General Court (Second Chamber) of 26 July 2023
Data
- Court
- General Court
- Case date
- 26 juli 2023
Verdict
Judgment of the General Court (Second Chamber) of 26 July 2023 –
Luossavaara-Kiirunavaara v Commission
(Case T‑244/21)(1)
"(Environment - Directive 2003/87/EC - System for greenhouse gas emission allowance trading - Transitional free allocation of greenhouse gas emission allowances - Installations producing a product which is not covered by a product benchmark - No direct substitutability between the products - Rejection of data relating to the free allocation of allowances concerning those installations - Obligation to state reasons - Manifest errors of assessment - Equal treatment - Duty of diligence - International obligations and commitments of the European Union - Plea of illegality)"
1. EnvironmentAtmospheric pollutionDirective 2003/87Scheme for greenhouse gas emission allowance tradingTransitional arrangements for free allocation of allowancesList of installations eligible for the free allowances established by the national authoritiesSupervision by the CommissionInstallations using a sintered ore product benchmark instead of heat or fuel benchmarksRejection of data corresponding to the sub-installations with a product benchmarkDiscretion of the CommissionJudicial reviewLimitsManifest error of assessmentNo such error
(European Parliament and Council Directive 2003/87, as amended by Directive 2018/410, Arts 10a(1) and 11 and Annex I; Commission Regulation 2019/331, Annex I)
(see paragraphs 13-17, 26, 36, 39, 53, 60, 72, 99, 113, 114, 118)
2. EnvironmentAtmospheric pollutionDirective 2003/87Scheme for greenhouse gas emission allowance tradingTransitional arrangements for free allocation of allowancesList of installations eligible for the free allowances established by the national authoritiesSupervision by the CommissionInstallations using a sintered ore product benchmark instead of heat or fuel benchmarksRejection of data corresponding to the sub-installations with a product benchmarkInfringement of the principles of equal treatment and non-discriminationNo such infringement
(European Parliament and Council Directive 2003/87, as amended by Directive 2018/410, Arts 10a(1) and 11 and Annex I; Commission Regulation 2019/331, Annex I)
(see paragraph 122)
3. International agreementsEuropean Union AgreementsParis AgreementEffectsPrimacy over secondary legislation of the European UnionExamination of the legality of an act of secondary EU legislation in the light of the provisions of the said agreementConditions
(Art. 216(2) TFEU)
(see paragraphs 132-140)
4. EnvironmentAtmospheric pollutionDirective 2003/87Scheme for greenhouse gas emission allowance tradingTransitional arrangements for free allocation of allowancesList of installations eligible for the free allowances established by the national authoritiesSupervision by the CommissionInstallations using a sintered ore product benchmark instead of heat or fuel benchmarksRejection of data corresponding to the sub-installations with a product benchmarkBreach of the duty of diligenceNo such breach
(European Parliament and Council Directive 2003/87, as amended by Directive 2018/410, Arts 10a(1) and 11 and Annex I; Commission Regulation 2019/331, Annex I)
(see paragraphs 144-147)
5. EnvironmentAtmospheric pollutionDirective 2003/87Scheme for greenhouse gas emission allowance tradingTransitional arrangements for free allocation of allowancesList of installations eligible for the free allowances established by the national authoritiesSupervision by the CommissionInstallations using a sintered ore product benchmark instead of heat or fuel benchmarksRejection of data corresponding to the sub-installations with a product benchmarkObligation to state reasonsScope
(Art. 296 TFEU; European Parliament and Council Directive 2003/87, as amended by Directive 2018/410, Arts 10a(1) and 11 and Annex I; Commission Regulation 2019/331, Annex I)
(see paragraphs 154-159)
Operative part
The Court:
1. Dismisses the action;
2. Orders Luossavaara-Kiirunavaara AB to bear its own costs and to pay those incurred by the European Commission;
3. Orders the Kingdom of Sweden to bear its own costs.