Action brought on 28 December 2022 — ExxonMobil Producing Netherlands and Mobil Erdgas-Erdöl v Council

(Case T-802/22)

(2023/C 54/27)

Language of the case: English

Parties

Applicants: ExxonMobil Producing Netherlands BV (Breda, Netherlands), Mobil Erdgas-Erdöl GmbH (Hamburg, Germany) (represented by: O. Brouwer, W. Knibbeler and A. Pliego Selie, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicants claim that the Court should:

—

annul Articles 14, 15 and 16 of Council Regulation (EU) 2022/1854 of 6 October 2022 on an emergency intervention to address high energy prices (1), insofar as those provisions mandate a solidarity contribution on EMPN and MEEG, being Union companies and permanent establishments with activities in the crude petroleum, natural gas, coal and refinery sectors;

—	order the Council of the European Union to pay the applicants’ costs, including the costs relating to any intervening parties.

Pleas in law and main arguments

In support of the action, the applicants rely on seven pleas in law.

1.	First plea in law, alleging lack of competence insofar as Articles 14, 15 and 16 of Regulation (EU) 2022/1854 infringe the principle of conferral laid down in Articles 4(1) and 5(1) of the Treaty of the European Union.

2.	Second plea in law, alleging lack of competence insofar as Article 122(1) of the Treaty on the Functioning of the European Union provides an invalid legal basis.

3.	Third plea in law, alleging infringement of the Treaties insofar as Articles 14, 15 and 16 of Regulation (EU) 2022/1854 infringe the general principle of equal treatment, also enshrined in Articles 20 and 21 of the Charter of Fundamental Rights of the European Union.

4.	Fourth plea in law, alleging infringement of the Treaties insofar as Articles 14, 15 and 16 of Regulation (EU) 2022/1854 infringe Article 17 of the Charter of Fundamental Rights of the European Union.

5.	Fifth plea in law, alleging infringement of the Treaties insofar as Articles 14, 15 and 16 of Regulation (EU) 2022/1854 infringe Article 16 of the Charter of Fundamental Rights of the European Union.

6.	Sixth plea in law, alleging infringement of a rule of law relating to the application of the Treaties insofar as Articles 14, 15 and 16 of Regulation (EU) 2022/1854 infringe the general principle of proportionality enshrined in Article 5(4) of the Treaty of the European Union; and

7.	Seventh plea in law, alleging infringement of a rule of law relating to the application of the Treaties insofar as Articles 14, 15 and 16 of Regulation (EU) 2022/1854 infringe the general principle of legal certainty and the presumption against retroactivity.

(1) OJ 2022, 261 I, p. 1.