8.2.2021

EN

Official Journal of the European Union

C 44/56

(Case T-729/20)

(2021/C 44/78)

Language of the case: German

Parties

Applicant: Aurubis AG (Hamburg, Germany) (represented by: S. Altenschmidt and J. Hoss, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul the decision of the European Commission of 8 December 2020 (Ref. Ares (2020)7439507 — 08/12/2020); and

—order the defendant to pay the costs.

Pleas in law and main arguments

By its present action, the applicant seeks the annulment of the decision of 8 December 2020, by which the Commission refused, in the context of interlocutory proceedings before the Verwaltungsgericht Berlin and an application to that effect by the Umweltbundesamt, to participate in the transfer of emission allowances to provisionally secure the applicant’s entitlement to free allocation of emission allowances for the purposes of guaranteeing the effectiveness of the judgment of the Court of Justice in the preliminary ruling in Case C-271/20.

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

1.First plea in law, alleging that the decision of the Commission of 8 December 2020 affects the applicant directly and individually. It therefore has legal standing to bring proceedings.

2.Second plea in law, alleging that the Commission, in the context of granting interim relief on account of national court proceedings, is obliged by the principle of ensuring effective judicial protection, enshrined in EU law, to participate in securing any entitlement to allocation of emission allowances from being lost.

3.Third plea in law, alleging that Directive 2003/87/EC (1) and Regulation (EU) No 389/2013 (2) form the regulatory framework for such participation and the transfer of emission allowances to national accounts.

(1) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32).

(2) 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 (OJ 2013 L 122, p. 1).