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Case C-621/23 P: Judgment of the Court (Fifth Chamber) of 22 May 2025 – Luossavaara-Kiirunavaara v Commission (Appeal – Environment – Directive 2003/87/EC – System for greenhouse gas emission allowance trading within the European Union – Free allocation of allowances – Article 10a(1) – Concept of substitutes – National implementing measures – Article 11(1) – Lists of installations covered by Directive 2003/87 submitted to the European Commission by the Member States – Decision (EU) 2021/355 – Proposal of the Member State concerned to cover by a benchmark for sintered ore a sub-installation producing iron ore pellets – Rejection decision – Establishment of benchmarks by the Commission – General objective of incentivising the reduction of greenhouse gas emissions – No obligation of result – Article 296 TFEU – Obligation to state reasons for decisions of the EU institutions)
ECLI:EU:UNKNOWN:62023CA0621
62023CA0621
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Official Journal of the European Union
C series
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C/2025/3857
(Case C-621/23 P)
(Appeal - Environment - Directive 2003/87/EC - System for greenhouse gas emission allowance trading within the European Union - Free allocation of allowances - Article 10a(1) - Concept of ‘substitutes’ - National implementing measures - Article 11(1) - Lists of installations covered by Directive 2003/87 submitted to the European Commission by the Member States - Decision (EU) 2021/355 - Proposal of the Member State concerned to cover by a benchmark for sintered ore a sub-installation producing iron ore pellets - Rejection decision - Establishment of benchmarks by the Commission - General objective of incentivising the reduction of greenhouse gas emissions - No obligation of result - Article 296 TFEU - Obligation to state reasons for decisions of the EU institutions)
(C/2025/3857)
Language of the case: English
Parties
Appellant: Luossavaara-Kiirunavaara AB (represented by: A. Bryngelsson, A. Johansson and F. Sjövall, advokater)
Other parties to the proceedings: European Commission (represented by: B. De Meester and G. Wils, acting as Agents), Kingdom of Sweden (represented by: C. Meyer-Seitz and R. Shahsavan Eriksson, acting as Agents)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Luossavaara-Kiirunavaara AB to bear its own costs and to pay those incurred by the European Commission;
3.Orders the Kingdom of Sweden to bear its own costs.
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(1) OJ C, C/2023/967.
ELI: http://data.europa.eu/eli/C/2025/3857/oj
ISSN 1977-091X (electronic edition)
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