Judgment of the General Court (Fifth Chamber) of 20 November 2024

1. Actions for damagesAdmissibilityDismissal of an action on the substance without ruling on admissibilityDiscretion of the EU judicature

(Art. 268 TFEU)

(see paragraph 24)

2. Judicial proceedingsTime limit for producing evidenceArticle 85(3) of the Rules of Procedure of the General CourtSubmission of evidence before the oral part of the procedure is closedWhether permissibleConditionsLate submission that is justifiedAdditional evidence concerning legal developments produced after the written part of the procedure is closedAdmissibility

(Rules of Procedure of the General Court, Art. 85(3))

(see paragraphs 28, 29)

3. Non-contractual liabilityConditionsUnlawfulnessDamageCausal linkCumulative conditionsOne of the conditions not satisfiedAction for damages dismissed in its entirety

(Art. 340, second para., TFEU)

(see paragraphs 35, 36)

4. Non-contractual liabilityConditionsCausal linkDamage suffered following the adoption by the Commission of non-binding frequently asked questions (FAQs) on free allocation rules for the emissions trading systemCommission decision accepting national measures applying a benchmark fallback as a basis in respect of the applicantLegal situation of the applicant determined by that decision, not by the FAQsNo causal link

(Art. 340, second para., TFEU)

(see paragraphs 38, 39, 48, 63-67, 83, 84)

5. Judicial proceedingsIntroduction of new pleas during the proceedingsConditionsNo plea based on matters which have come to light in the course of the procedureAmplification of an existing pleaNo amplificationInadmissibility

(Rules of Procedure of the General Court, Art. 84(1))

(see paragraphs 49, 50)

Operative part

The Court:

1. Dismisses the action;

2. Orders Imerys Aluminates Groupe to pay the costs.