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Case T-269/21: Judgment of the General Court of 26 July 2023 — Arctic Paper Grycksbo v Commission (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)

ECLI:EU:UNKNOWN:62021TA0269

62021TA0269

July 26, 2023
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25.9.2023

Official Journal of the European Union

C 338/18

(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

Parties

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)

Re:

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).

Operative part of the judgment

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

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