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Case T-6/24: Action brought on 6 January 2024 — Northtechnic v Commission

ECLI:EU:UNKNOWN:62024TN0006

62024TN0006

January 6, 2024
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Official Journal of the European Union

EN

Series C

C/2024/1554

26.2.2024

(Case T-6/24)

(C/2024/1554)

Language of the case: Bulgarian

Parties

Applicant: ‘Northtechnic’ OOD (Sofia, Bulgaria) (represented by: Y. Stoychev, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

annul as unlawful, in so far as it concerns the applicant, Commission Implementing Decision [(EU) 2023/2432] of 26 October 2023 determining, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases, reference values for the period 1 January 2024 to 31 December 2024 for each producer or importer which has lawfully placed hydrofluorocarbons on the market in the Union from 1 January 2015, as reported under that Regulation.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

1.First plea in law, alleging infringement of Article 16 of Regulation No 517/2014 and of Annex V thereto.

A reference value was determined for the applicant without account being taken of the quantities of hydrofluorocarbons it lawfully placed on the market in 2016.

2.Second plea in law, alleging failure to observe the principle of equal treatment.

The European Commission failed to take account, in the calculation of the applicant’s reference value for 2024, of the quantities of hydrofluorocarbons it placed on the market in 2016.

3.Third plea in law, alleging failure to comply with the obligation to state reasons.

The reference solely to Regulation No 517/2014 is not sufficient for the purpose of stating the reasons for the contested decision, since it is impossible for the applicant to ascertain why the quantities of hydrofluorocarbons it placed on the market in 2016 were not taken into account in the calculation of its reference value for 2024.

Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 (‘Regulation No 517/2014’) (OJ 2014 L 150, p. 195).

ELI: http://data.europa.eu/eli/C/2024/1554/oj

ISSN 1977-091X (electronic edition)

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