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Document 62019TN0623
Case T-623/19: Action brought on 16 September 2019 – ArcelorMittal Bremen v Commission
Case T-623/19: Action brought on 16 September 2019 – ArcelorMittal Bremen v Commission
Case T-623/19: Action brought on 16 September 2019 – ArcelorMittal Bremen v Commission
OJ C 363, 28.10.2019, p. 35–36
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
28.10.2019 |
EN |
Official Journal of the European Union |
C 363/35 |
Action brought on 16 September 2019 – ArcelorMittal Bremen v Commission
(Case T-623/19)
(2019/C 363/44)
Language of the case: German
Parties
Applicant: ArcelorMittal Bremen GmbH (Bremen, Germany) (represented by: S. Altenschmidt and L. Buschmann, lawyers)
Defendant: European Commission
Form of order sought
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declare, pursuant to Article 265 TFEU, that the Commission infringed the second subparagraph of Article 19(4) of Commission Decision 2011/278/EU (1) by failing to decide on the total annual amount of emission allowances allocated free of charge for a significant capacity extension of the product benchmark sub-installation for hot metal of the installation (Installation ID 60) in Bremen, communicated to it by the Federal Republic of Germany on 12 April 2019; |
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alternatively, annul the Commission’s decision of 19 July 2019 on the applicant’s request of 12 April 2019; |
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order the defendant to pay the costs. |
Pleas in law and main arguments
In support of the action, the applicant relies on the following plea in law.
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The applicant submits that the Commission is obliged to adopt a decision pursuant to the second subparagraph of Article 19(4) of Decision 2011/278/EU and not to reject the total annual amount of emission allowances allocated free of charge for a significant capacity extension, communicated to it by the Federal Republic of Germany on 12 April 2019, since the requirements for a significant capacity extension within the meaning of Article 20(1) of Decision 2011/278/EU are met. |
(1) Commission Decision 2011/278/EU of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJ 2011 L 130, p. 1).