# C_2018399EN.01005202.xml

| 5.11.2018 | EN | Official Journal of the European Union | C 399/52 |
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5.11.2018

EN

Official Journal of the European Union

C 399/52

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Action brought on 13 September 2018 — ArcelorMittal Bremen v Commission

(Case T-544/18)

(2018/C 399/67)

Language of the case: German

Parties

Applicant: ArcelorMittal Bremen GmbH (Bremen, Deutschland) (represented by: S. Altenschmidt und D. Jacob, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

| — | declare, pursuant to Article 265 TFEU, that the Commission infringed Article 52(2) of Commission Regulation (EU) No 389/2013 (1) by failing to instruct the central administrator to take into consideration the change to the national allocation table in the EUTL in respect of the applicant’s installation with EU-ID DE000000000000060; |
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declare, pursuant to Article 265 TFEU, that the Commission infringed Article 52(2) of Commission Regulation (EU) No 389/2013 (1) by failing to instruct the central administrator to take into consideration the change to the national allocation table in the EUTL in respect of the applicant’s installation with EU-ID DE000000000000060;

| — | alternatively, annul the decision adopted by the Commission on 31 August 2018 on the applicant’s request of 14 May 2018; |
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alternatively, annul the decision adopted by the Commission on 31 August 2018 on the applicant’s request of 14 May 2018;

| — | order the defendant to pay the costs. |
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order the defendant to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on the following plea in law:

Infringement of EU law

The applicant submits that the Commission is obliged to adopt the decision, pursuant to Article 52(2) of Regulation No 389/2013, since the change to the national allocation table is consistent with the requirements of EU law.

Further, the applicant submits that, in accordance with the rules laid down in Commission Decision 2011/278/EU, (2) the product-related historical activity level for sintered ore is to be determined on the basis of the quantities of sintered ore which are weighed when leaving the sinter installation.

Finally, the applicant takes the view that sintered ore which, after its production in the context of burden preparation in a blast furnace, is rescreened and again placed in a sinter installation as recycling material, should not be deducted when determining the activity level of the sinter installation.

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(1)  Commission Regulation (EU) No 359/2013 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).

(2)  Commission Decision 2011/278/EU of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (notified under document C(2011) 2772) (OJ 2011, L 130, p. 1).

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