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Case C-414/23, Metsä Fibre: Judgment of the Court (Second Chamber) of 15 May 2025 (request for a preliminary ruling from the Helsingin hallinto-oikeus – Finland) – Metsä Fibre Oy (Reference for a preliminary ruling – Scheme for greenhouse gas emission allowance trading – Union Registry – Regulation (EU) No 389/2013 – Record of a surrender of such allowances in that registry – Finality of transactions – Article 40 – Reversal of finalised processes – Article 70 – Surrender under a provision of EU law subsequently invalidated by the Court of Justice – Impossibility, for the operator, to recover the allowances concerned for the period in question – Validity)

ECLI:EU:UNKNOWN:62023CA0414

62023CA0414

May 15, 2025
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Official Journal of the European Union

C series

C/2025/3484

(Case C-414/23,

(1)

Metsä Fibre)

(Reference for a preliminary ruling - Scheme for greenhouse gas emission allowance trading - Union Registry - Regulation (EU) No 389/2013 - Record of a surrender of such allowances in that registry - Finality of transactions - Article 40 - Reversal of finalised processes - Article 70 - Surrender under a provision of EU law subsequently invalidated by the Court of Justice - Impossibility, for the operator, to recover the allowances concerned for the period in question - Validity)

(C/2025/3484)

Language of the case: Finnish

Referring court

Parties to the main proceedings

Applicant: Metsä Fibre Oy

Intervening party: Energiavirasto

Operative part of the judgment

The examination of the first question referred has disclosed no factor of such a kind as to affect the validity of the provisions of Articles 40 and 70 of Commission Regulation (EU) No 389/2013 of 2 May 2013 establishing a Union Registry pursuant to Directive 2003/87/EC of the European Parliament and of the Council, Decisions No 280/2004/EC and No 406/2009/EC of the European Parliament and of the Council and repealing Commission Regulations (EU) No 920/2010 and No 1193/2011, regarding the final and irrevocable nature of the transactions and the time frames for their reversal.

(1) OJ C 338, 25.9.2025.

ELI: http://data.europa.eu/eli/C/2025/3484/oj

ISSN 1977-091X (electronic edition)

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