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Case T-45/24: Order of the General Court of 25 February 2025 – ePURE and Pannonia Bio v Parliament and Council (Action for annulment – Energy – Regulation (EU) 2023/2405 – Obligation placed on aviation fuel suppliers to ensure that all aviation fuel made available to aircraft operators at each EU airport contains the minimum shares of sustainable aviation fuels – Lack of individual concern – Inadmissibility)

ECLI:EU:UNKNOWN:62024TB0045

62024TB0045

February 25, 2025
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Official Journal of the European Union

C series

C/2025/2543

12.5.2025

(Case T-45/24)

(Action for annulment - Energy - Regulation (EU) 2023/2405 - Obligation placed on aviation fuel suppliers to ensure that all aviation fuel made available to aircraft operators at each EU airport contains the minimum shares of sustainable aviation fuels - Lack of individual concern - Inadmissibility)

(C/2025/2543)

Language of the case: English

Parties

Applicants: ePURE, de Europese Producenten Unie van Hernieuwbare Ethanol (Etterbeek, Belgium), Pannonia Bio Zrt. (Budapest, Hungary) (represented by: M.-S. Dibling and J. Pauwelyn, lawyers)

Defendants: European Parliament (represented by: E. Ni Chaoimh and I. Terwinghe, acting as Agents), Council of the European Union (represented by: N. Rouam, R. Liudvinavičiūtė and D. Bringuier, acting as Agents)

Re:

By their action under Article 263 TFEU, the applicants seek annulment of Article 3(8)(c) and Article 4(1), (4) and (5) of, and Annex I to, Regulation (EU) 2023/2405 of the European Parliament and of the Council of 18 October 2023 on ensuring a level playing field for sustainable air transport (ReFuelEU Aviation) (OJ L 2023/2405), inasmuch as they exclude biofuels produced from food and feed crops and from intermediate crops from the definition and/or minimum shares of sustainable aviation fuels and impose a minimum share for synthetic aviation fuels.

Operative part of the order

The action is dismissed as inadmissible.

There is no longer any need to adjudicate on the applications to intervene of the European Commission, Renewable Fuels Association, Growth Energy, U. S. Grains Council and LanzaJet.

ePURE, de Europese Producenten Unie van Hernieuwbare Ethanol, and Pannonia Bio Zrt. shall bear their own costs and pay those incurred by the European Parliament and the Council of the European Union, with the exception of those relating to the applications to intervene.

The Parliament, the Council and the applicants for leave to intervene referred to in point 2 of this operative part shall each bear their own costs relating to the applications to intervene.

(1)

OJ C C/2024/1885, 11.3.2024.

ELI: http://data.europa.eu/eli/C/2025/2543/oj

ISSN 1977-091X (electronic edition)

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