Appeal brought on 6 October 2023 by Luossavaara-Kiirunavaara AB against the judgment of the General Court (Second Chamber) delivered on 26 July 2023 in Case T-244/21, Luossavaara-Kiirunavaara v Commission

(Case C-621/23 P)

Language of the case: English

Parties

Appellant: Luossavaara-Kiirunavaara AB (represented by: A. Bryngelsson, F. Sjövall and A. Johansson, advokater)

Other parties to the proceedings: European Commission, Kingdom of Sweden

Form of order sought

The appellant claims that the Court should:

set aside the judgment under appeal;

annul Article 1(3) of the decision of the European Commission (EU) 2021/355¹ of 25 February 2021 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC² (the ‘ETS Directive’) of the European Parliament and of the Council;

order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

In support of the appeal, the appellant relies on five pleas in law.

First plea: the General Court made an erroneous interpretation of the term “substitutes” in Article 10a(1) of the ETS Directive.

Second plea: the General Court erred in law at §§ 93–99 by replacing the Commission’s substitutability assessment with its own.

Third plea: insofar as it is necessary for the appellant’s first plea, the General Court has distorted the clear sense of the evidence.

Fourth plea: the General Court erred in law in finding that the Commission has fulfilled its duty to examine carefully and impartially all the relevant aspects of the individual case.

Fifth plea: the General Court erred in law in finding that the Commission has fulfilled its obligation to state reasons.

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¹ OJ 2021, L 68, p. 221.

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.