Appeal brought on 10 July 2024 by Lorenz Kiene, Classic Tankstellen GmbH & Co. KG, eFuel GmbH and eFuel Projektentwicklung GmbH against the order of the General Court (Third Chamber) delivered on 2 May 2024 in Case T-419/23, Kiene and Others v European Parliament and Council of the European Union
(Case C-487/24 P)
Language of the case: German
Parties
Appellants: Lorenz Kiene, Classic Tankstellen GmbH & Co. KG, eFuel GmbH, eFuel Projektentwicklung GmbH (represented by: A. Dlouhy, E. Macher and M. Soppe, Rechtsanwälte)
Other parties to the proceedings: European Parliament, Council of the European Union
Form of order sought
The appellants claim that the Court should:
set aside the order of the General Court in Case T-419/23 of 2 May 2024;
annul Article 1(1)(a) to (d) of Regulation (EU) 2023/851; 1
in the alternative, refer the matter in Case T-419/23 back to the General Court for any necessary decision;
order the other parties to pay the costs of the proceedings, including the legal fees incurred by the appellants in respect of the proceedings in Case T-419/23.
Grounds of appeal and main arguments
The appellants are undertakings operating in the development, production and sale of carbon-neutral fuels for road traffic. By their appeal, the appellants are challenging the General Court’s order of 2 May 2024, by which the General Court dismissed their action for annulment against Article 1(1) of Regulation 2023/851 as inadmissible.
First ground of appeal: incorrect application and assessment of the criterion of individual concern within the meaning of the second variation in the fourth paragraph of Article 263 TFEU due to the incorrect recording and subsumption of the facts by the court.
Second ground of appeal: infringement of the appellants’ right to be heard, in particular due to an incorrect assessment of the requirements of individual concern within the meaning of second variation in the fourth paragraph of Article 263 TFEU and due to the failure to recognise the lack of other legal protection options.
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1 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).