19.7.2021 |
EN |
Official Journal of the European Union |
C 289/37 |
Action brought on 4 May 2021 — Luossavaara-Kiirunavaara v Commission
(Case T-244/21)
(2021/C 289/54)
Language of the case: English
Parties
Applicant: Luossavaara-Kiirunavaara AB (Luleå, Sweden) (represented by: A. Bryngelsson, F. Sjövall and A. Johansson, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
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annul Article 1(3) of the decision of the European Commission of 25 February 2021 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003; (1) |
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order that the Commission pay the costs of the proceedings. |
Pleas in law and main arguments
In support of the action, the applicant relies on six pleas in law.
1. |
First plea in law, alleging that the contested decision infringes the law governing the Emissions Trading System (ETS), in particular Annex 1 to Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 (2) and Article 10a(1) of Directive 2003/87/EC. (3)
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2. |
Second plea in law, alleging that the contested decision infringes the principles of equal treatment and non-discrimination.
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3. |
Third plea in law, alleging that the contested decision infringes the EU’s international environmental law obligations.
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4. |
Fourth plea in law, alleging that the contested decision infringes the duty of the competent institution to examine carefully and impartially all the relevant aspects of the individual case.
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5. |
Fifth plea in law, alleging that the contested decision infringes the obligation under Article 296 TFEU to state reasons.
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6. |
Sixth plea in law, alleging, in the alternative, that Delegated Regulation (EU) 2019/331 must be declared invalid insofar as it applies to the contested decision from the date of the judgment, under Article 277 TFEU.
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(1) Commission Decision (EU) 2021/355 of 25 February 2021 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council (OJ 2021 L 68, p. 221).
(2) Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 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 2019 L 59, p. 8).
(3) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32).
(4) Editorial note: the name of that producer has been omitted.