Official Journal of the European Union

EN

Series C

C/2023/1308

11.12.2023

(Case T-1024/23)

(C/2023/1308)

Language of the case: English

Parties

Applicant: London EV Co. Ltd (Coventry, United Kingdom) (represented by: M. Struys and C. Verney, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul, under Article 263 TFEU, Commission Implementing Decision (EU) 2023/1623 (1) with regard to London EV Co. Ltd (‘LEVC’), because it violates the objectives and effectiveness of Regulation (EU) 2019/631 of the European Parliament and of the Council (2) and of the Paris Agreement, (3) as well as a number of EU fundamental principles, and alternatively, because it is legally erroneous and violates the legislature prerogatives and lacks sufficient motivation;

—declare, under Articles 263 and 277 TFEU, Article 2(3) of Regulation 2019/631, inapplicable and/or invalid, as such and/or as interpreted/applied by Commission Implementing Decision 2023/1623, because of the violations of the objectives and effectiveness of Regulation 2019/631 and of the Paris Agreement, as well as of a number of EU fundamental principles; and

—order the Commission to pay the costs of this procedure.

Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.

1.First plea in law, alleging that Article 2(3) of Regulation 2019/631 as such and/or its interpretation/application by Implementing Decision 2023/1623 with regard to LEVC, in reliance on informal committees’ positions and in contradiction with Article 6 of Regulation 2019/631, violates the objectives and effectiveness (effet utile) of that Regulation and of the Paris Agreement, as well as a number of fundamental principles of EU law, including the principles of non-discrimination and of necessity and proportionality.

2.First plea in law in the alternative, alleging that the Commission’s interpretation of the type-approval Directive 2007/46/EC of the European Parliament and of the Council (4) [subsequently, Regulation (EU) 2018/858 of the European Parliament and of the Council (5)], as applied in Regulation 2019/631, is legally erroneous and violates the legislature prerogative.

3.Second plea in law, alleging that Implementing Decision 2023/1623, by depriving LEVC — as a result of the application and/or interpretation of Article 2(3) of Regulation 2019/631 — from the effective benefit of its participation in pooling agreements, is illegal and violates several fundamental principles of EU law.

4.Third plea in law, alleging that, by systematically excluding wheelchair accessible vehicles from the scope of Regulation 2019/631, Article 2(3) thereof — as such or on account of its interpretation and application by Implementing Decision 2023/1623 in contradiction with Article 6 of that Regulation — infringes the principle of equal treatment.

5.Fourth plea in law, alleging that, by providing a short and unsubstantiated reason for considering the additional vehicles notified by LEVC out of scope of Regulation 2019/631, the Commission has violated the requirement to state reasons provided for by Article 296 TFEU and the applicant’s right to good administration enshrined in Article 41 of the Charter of Fundamental Rights of the European Union.

(1) Commission Implementing Decision (EU) 2023/1623 of 3 August 2023 specifying the values relating to the performance of manufacturers and pools of manufacturers of new passenger cars and new light commercial vehicles for the calendar year 2021 and the values to be used for the calculation of the specific emission targets from 2025 onwards, pursuant to Regulation (EU) 2019/631 of the European Parliament and of the Council and correcting Implementing Decision (EU) 2022/2087 (notified under document C(2023) 5068) (Only the Czech, Dutch, English, Estonian, French, German, Hungarian, Italian, Polish, Romanian, Slovak, Spanish and Swedish texts are authentic) (OJ 2023 L 200, p. 5).

(2) Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (recast) (OJ 2019 L 111, p. 13).

(3) Paris Agreement adopted on 12 December 2015 under the United Nations Framework Convention on Climate Change, approved on behalf of the Union by Council Decision (EU) 2016/1841 of 5 October 2016 on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (OJ 2016 L 282, p. 1).

(4) Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ 2007 L 263, p. 1).

(5) Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ 2018 L 151, p. 1).