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Case T-623/19: Order of the General Court of 30 April 2020 — ArcelorMittal Bremen v Commission (Action for failure to act — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Decision 2011/278/EU — Transitional rules for harmonised free allocation of emission allowances — Amendment of Germany’s national allocation table for 2013-2020 — Significant increase in capacity — Action which has become devoid of purpose — No need to adjudicate)

ECLI:EU:UNKNOWN:62019TB0623

62019TB0623

April 30, 2020
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22.6.2020

Official Journal of the European Union

C 209/28

(Case T-623/19) (<span class="oj-super oj-note-tag">1</span>)

(Action for failure to act - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Decision 2011/278/EU - Transitional rules for harmonised free allocation of emission allowances - Amendment of Germany’s national allocation table for 2013-2020 - Significant increase in capacity - Action which has become devoid of purpose - No need to adjudicate)

(2020/C 209/38)

Language of the case: German

Parties

Applicant: ArcelorMittal Bremen GmbH (Bremen, Germany) (represented by: S. Altenschmidt and L. Buschmann, lawyers)

Defendant: European Commission (represented by: J.-F. Brakeland and A. Becker, acting as Agents)

Re:

Application under Article 265 TFEU for a declaration that the Commission unlawfully refrained from taking a decision concerning the total annual quantity of emissions quotas that must be granted free of charge in response to a significant increase in capacity by a sub-installation of the applicant with a product benchmark for hot metal and, in the alternative, an application under Article 263 TFEU for annulment of the decision allegedly adopted by the Commission on 19 July 2019 concerning the giving of notice to the applicant on 1 July 2019.

Operative part of the order

1.There is no longer any need to adjudicate on the action.

2.Each part shall bear its own costs.

(<span class="oj-super">1</span>) OJ C 363, 28.10.2019.

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