—

annul, under Article 263 TFEU, Commission Implementing Decision (EU) 2023/1623 (1) with regard to London EV Co. Ltd (‘LEVC’), because it violates the objectives and effectiveness of Regulation (EU) 2019/631 of the European Parliament and of the Council (2) and of the Paris Agreement, (3) as well as a number of EU fundamental principles, and alternatively, because it is legally erroneous and violates the legislature prerogatives and lacks sufficient motivation;

—

declare, under Articles 263 and 277 TFEU, Article 2(3) of Regulation 2019/631, inapplicable and/or invalid, as such and/or as interpreted/applied by Commission Implementing Decision 2023/1623, because of the violations of the objectives and effectiveness of Regulation 2019/631 and of the Paris Agreement, as well as of a number of EU fundamental principles; and

—

order the Commission to pay the costs of this procedure.

1.

First plea in law, alleging that Article 2(3) of Regulation 2019/631 as such and/or its interpretation/application by Implementing Decision 2023/1623 with regard to LEVC, in reliance on informal committees’ positions and in contradiction with Article 6 of Regulation 2019/631, violates the objectives and effectiveness (effet utile) of that Regulation and of the Paris Agreement, as well as a number of fundamental principles of EU law, including the principles of non-discrimination and of necessity and proportionality.

2.

First plea in law in the alternative, alleging that the Commission’s interpretation of the type-approval Directive 2007/46/EC of the European Parliament and of the Council (4) [subsequently, Regulation (EU) 2018/858 of the European Parliament and of the Council (5)], as applied in Regulation 2019/631, is legally erroneous and violates the legislature prerogative.

3.

Second plea in law, alleging that Implementing Decision 2023/1623, by depriving LEVC — as a result of the application and/or interpretation of Article 2(3) of Regulation 2019/631 — from the effective benefit of its participation in pooling agreements, is illegal and violates several fundamental principles of EU law.

4.

Third plea in law, alleging that, by systematically excluding wheelchair accessible vehicles from the scope of Regulation 2019/631, Article 2(3) thereof — as such or on account of its interpretation and application by Implementing Decision 2023/1623 in contradiction with Article 6 of that Regulation — infringes the principle of equal treatment.

5.

Fourth plea in law, alleging that, by providing a short and unsubstantiated reason for considering the additional vehicles notified by LEVC out of scope of Regulation 2019/631, the Commission has violated the requirement to state reasons provided for by Article 296 TFEU and the applicant’s right to good administration enshrined in Article 41 of the Charter of Fundamental Rights of the European Union.