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Case T-141/19: Action brought on 4 March 2019 — Sabo and Others v Parliament and Council
ECLI:EU:UNKNOWN:62019TN0141
62019TN0141
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Valentina R., lawyer
29.4.2019
Official Journal of the European Union
C 148/60
(Case T-141/19)
(2019/C 148/59)
Language of the case: English
Parties
Applicants: Peter Sabo (Tulčik, Slovakia) and six other applicants (represented by: R. Smith, Solicitor)
Defendants: European Parliament and Council of the European Union
Form of order sought
The applicants claim that the Court should declare void those provisions of the Directive (EU) 2018/2001 of the European Parliament and of the Council (1) that allow for energy from forest biomass to count towards the Article 29(1) purposes: namely (a) contributing towards the Collective Target for 2030; (b) measuring compliance with renewable energy obligations, and (c) eligibility for financial support.
Pleas in law and main arguments
In support of the action, the applicants rely on two pleas in law.
1.First plea in law, alleging that the Directive 2018/2001 violates Art 191 TFEU because it fails to preserve, protect or improve the quality of the environment, to protect human health, or to use natural resources prudently or rationally. It does not aim at a high level of environmental protection, it fails to rectify damage at source and fails to apply the precautionary principle or make the polluter pay. It also ignores available scientific data on the climate change impacts of burning forest biomass.
2.Second plea in law, alleging that the Directive 2018/2001 violates numerous rights of the applicants (recognized by Articles 7, 10, 14, 17, 22, 24, 35 and 37 of the Charter of Fundamental Rights of the European Union) that are universal and must be respected for both EU and non-EU applicants. These infringements cannot possibly be justified, because the infringing provisions of the contested Directive are not necessary or rationally connected to the environmental protection objectives of the Union, to which they run contrary.
(1) Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).