Judgment of the Court (Eighth Chamber) of 21 October 2021 – Lípidos Santiga v Commission
(Case C‑402/20 P) ( 1 )
(Appeal – Energy – Directive (EU) 2018/2001 – Promotion of the use of energy from renewable sources – Limit on use of biofuels produced from food and feed crops – Delegated Regulation (EU) 2019/807 – Definition of high indirect land-use change (ILUC) risk feedstock – Palm oil – Action for annulment – Condition that a natural or legal person must be directly concerned – Inadmissibility)
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Action for annulment – Natural or legal persons – Regulatory acts – Acts not entailing implementing measures and concerning the applicant directly – Concept of direct concern – Criteria – Act likely to have an influence on the material situation of the applicant – Criterion not conclusive (Art. 263, para. 4, TFEU) (see paras 19-26) |
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Action for annulment – Natural or legal persons – Regulatory acts – Acts not entailing implementing measures and concerning the applicant directly – Concept of direct concern – Criteria – Act directly affecting the applicant’s legal situation – Commission Delegated Regulation establishing high indirect land-use change (ILUC) risk feedstock – Applicant company not establishing a direct effect on its legal situation – Inadmissibility (Art. 263, para. 4, TFEU; European Parliament and Council Directive 2018/2001, Art. 26(2); Commission Regulation 2019/807) (see paras 35-47) |
Operative part
The Court:
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Dismisses the appeal; |
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Orders Lípidos Santiga SA to pay the costs. |