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(Action for annulment - Energy - Regulation (EU) 2023/1805 - Provision stating that biofuels produced from food and feed crops are to be considered to have the same emission factors as the least favourable fossil fuel pathway for that type of fuel - Lack of individual concern - Inadmissibility)
(C/2025/2542)
Language of the case: English
Applicants: ePURE, de Europese Producenten Unie van Hernieuwbare Ethanol (Etterbeek, Belgium), Pannonia Bio Zrt. (Budapest, Hungary) (represented by: M.-S. Dibling and J. Pauwelyn, lawyers)
Defendants: European Parliament (represented by: E. Ni Chaoimh and I. Terwinghe, acting as Agents), Council of the European Union (represented by: R. Liudvinavičiūtė, N. Rouam and D. Bringuier, acting as Agents)
By their action under Article 263 TFEU, the applicants seek annulment of Article 10(1)(a) of Regulation (EU) 2023/1805 of the European Parliament and of the Council of 13 September 2023 on the use of renewable and low-carbon fuels in maritime transport, and amending Directive 2009/16/EC (OJ 2023 L 234, p. 48), inasmuch as it states that biofuels produced from food and feed crops are to be considered to have the same emission factors as the least favourable fossil fuel pathway for that type of fuel.
The action is dismissed as inadmissible.
There is no longer any need to adjudicate on the applications to intervene of the European Commission and the Renewable Fuels Association.
ePURE, de Europese Producenten Unie van Hernieuwbare Ethanol, and Pannonia Bio Zrt. shall bear their own costs and pay those incurred by the European Parliament and the Council of the European Union, with the exception of those relating to the applications to intervene.
The Parliament, the Council and the applicants for leave to intervene referred to in point 2 of this operative part shall each bear their own costs relating to the applications to intervene.
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(1) OJ C C/2024/1112, 5.2.2024.
ELI: http://data.europa.eu/eli/C/2025/2542/oj
ISSN 1977-091X (electronic edition)
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