Order of the General Court of 2 May 2024 – Kiene and Others v Parliament and Council
(Case T-419/23) 1
(Action for annulment – Environment – Regulation (EU) 2023/851 – Performance standards for carbon dioxide emissions – New passenger cars – Taking into account emissions outside the use of the vehicle – Carbon dioxide-neutral synthetic fuels – Legislative act – Lack of individual concern – Inadmissibility)
Language of the case: German
Parties
Applicants: Lorenz Kiene (Hoya, Germany), Classic Tankstellen GmbH & Co. KG (Hoya), eFuel GmbH (Hoya), eFuel Projektentwicklung GmbH (Hoya) (represented by: A. Dlouhy, E. Macher and M. Soppe, lawyers)
Defendants: European Parliament (represented by: L. Taïeb and W. Kuzmienko, acting as Agents), Council of the European Union (represented by: N. Brzezinski and L. Hamtcheva, acting as Agents)
Re:
By their action based on Article 263 TFEU, the applicants seek the annulment of Article 1(1) of Regulation (EU) 2023/851 of the European Parliament and of the Council of 19 April 2023 amending Regulation (EU) 2019/631 as regards strengthening the CO2 emission performance standards for new passenger cars and new light commercial vehicles in line with the Union’s increased climate ambition (OJ 2023 L 110, p. 5).
Operative part of the order
1. The action is dismissed as inadmissible.
2. There is no longer any need to rule on the applications to intervene of the European Commission and Ireland.
3. Mr. Lorenz Kiene, Classic Tankstellen GmbH & Co. KG, eFuel GmbH and eFuel Projektentwicklung GmbH shall pay the costs, except those relating to the applications to intervene.
4. The Commission and Ireland shall each bear their own costs relating to the applications to intervene.
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1 OJ C 321, 11.9.2023.