Judgment of the General Court of 15 September 2021 – Daimler v Commission
(Case T-359/19) 1
(Environment – Regulation (EC) No 443/2009 – Implementing Regulation (EU) No 725/2011 – Implementing Decision (EU) 2015/158 – Implementing Decision (EU) 2019/583 – Carbon dioxide emissions – Test method – Passenger cars)
Language of the case: German
Parties
Applicant: Daimler AG (Stuttgart, Germany) (represented by: N. Wimmer, C. Arhold and G. Ollinger, lawyers)
Defendant: European Commission (represented by: K. Talabér-Ritz and A. Becker, acting as Agents)
Re:
Application under Article 263 TFEU for annulment of Commission Implementing Decision (EU) 2019/583 of 3 April 2019 confirming or amending the provisional calculation of the average specific emissions of CO2 and the specific emissions targets for manufacturers of passenger cars for the calendar year 2017 and for certain manufacturers belonging to the Volkswagen pool for the calendar years 2014, 2015 and 2016 pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (OJ 2019 L 100, p. 66), in so far as it excludes, as regards the applicant, the average specific emissions of CO2 through CO2 savings attributed to eco-innovations.
Operative part of the judgment
The Court:
Annuls Article 1(1), read in conjunction with Annex I, Tables 1 and 2, columns D and I, of Commission Implementing Decision (EU) 2019/583 of 3 April 2019 confirming or amending the provisional calculation of the average specific emissions of CO2 and the specific emissions targets for manufacturers of passenger cars for the calendar year 2017 and for certain manufacturers belonging to the Volkswagen pool for the calendar years 2014, 2015 and 2016 pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council, in so far as it specifies, in relation to Daimler AG, the average specific emissions of CO2 through CO2 savings achieved through eco-innovations;
Orders the European Commission to bear its own costs and to pay those incurred by Daimler.
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1 OJ C 263, 5.8.2019.