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Case T-544/18: Order of the General Court of (Ninth Chamber) of 5 July 2019 — ArcelorMittal Bremen v Commission (Environment — Directive 2003/87/EC — System for greenhouse gas emission allowance trading — Regulation (EU) No 389/2013 — Transitional rules for harmonised free allocation of emission allowances — Notification of a change in the national allocation table for Germany for the period from 2013 to 2020 — Request to change the national allocation table recorded in the European Union Transaction Log — Action for failure to act — Instruction given during the proceedings by the Commission to the central administration — Action which has become devoid of purpose — No need to adjudicate)
ECLI:EU:UNKNOWN:62018TB0544
62018TB0544
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30.9.2019
Official Journal of the European Union
C 328/53
(Case T-544/18) (<span class="super note-tag">1</span>)
(Environment - Directive 2003/87/EC - System for greenhouse gas emission allowance trading - Regulation (EU) No 389/2013 - Transitional rules for harmonised free allocation of emission allowances - Notification of a change in the national allocation table for Germany for the period from 2013 to 2020 - Request to change the national allocation table recorded in the European Union Transaction Log - Action for failure to act - Instruction given during the proceedings by the Commission to the central administration - Action which has become devoid of purpose - No need to adjudicate)
(2019/C 328/60)
Language of the case: German
Parties
Applicant: ArcelorMittal Bremen GmbH (Bremen, Germany) (represented by: S. Altenschmidt and D. Jacob, lawyers)
Defendant: European Commission (represented by: J.-F. Brakeland and A. Becker, acting as Agents.)
Re:
Application, principally, pursuant to Article 265 TFEU seeking a declaration that the Commission unlawfully failed to instruct the central administrator to record in the national allocation table in the European Union Transaction Log (EUTL) the change notified on 8 February 2018 by the Federal Republic of Germany in respect of the applicant’s installation and, in the alternative, an application pursuant to Article 263 TFEU seeking the annulment of the alleged decision adopted by the Commission on 31 August 2018 following the applicant’s letter of formal notice of 14 May 2018.
Operative part of the order
1.There is no longer any need to adjudicate on the action.
2.The claim seeking to ‘reprimand’ the Commission representatives for having produced inaccurate material before the General Court and for having failed to comply with their procedural obligation to present a factually accurate statement is rejected.
3.There is no longer any need to adjudicate on the application by the Federal Republic of Germany for permission to intervene.
4.The Commission shall bear its own costs and those incurred by ArcelorMittal Bremen GmbH.
5.The Federal Republic of Germany shall bear its own costs relating to the application to intervene.
(<span class="note">1</span>) OJ C 399, 5.11.2018.