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Valentina R., lawyer
(Case T-269/21) (*)
(Environment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - National implementing measures - Transitional free allocation of greenhouse gas emission allowances - Decision to exclude an installation exclusively using biomass - Duty of diligence - Right to be heard - Obligation to state reasons - Manifest error of assessment - Equal treatment - Legitimate expectations - Plea of illegality - Paragraph 1 of Annex I to Directive 2003/87)
(2023/C 338/23)
Language of the case: Swedish
Applicant: Arctic Paper Grycksbo AB (Grycksbo, Sweden) (represented by: A. Bryngelsson, A. Johansson and F. Sjövall, lawyers)
Defendant: European Commission (represented by: G. Wils, B. De Meester and P. Carlin, acting as Agents)
Interveners in support of the defendant: European Parliament (represented by: C. Ionescu Dima, W. Kuzmienko and P. Biström, acting as Agents), Council of the European Union (represented by: A. Norberg and J. Himmanen, acting as Agents)
By its action based on Article 263 TFEU, the applicant seeks annulment, in so far as it is concerned, of Article 1(1) of, and Annex I to, 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).
The Court:
1.Dismisses the action;
2.Orders each party to bear its own costs.
(*)
Language of the case: Swedish.
ECLI:EU:C:2023:140