Order of the General Court (Second Chamber) of 8 May 2019 –

Carvalho and Others v Parliament and Council

(Case T‑330/18)

(Action for annulment and damages — Environment — Greenhouse gas emissions — 2030 climate and energy package — Directive (EU) 2018/410 — Regulation (EU) 2018/842 — Regulation (EU) 2018/841 — Lack of individual concern — Inadmissibility)

1. Judicial proceedings — Obligation on the General Court to commence the oral procedure before ruling on an objection of inadmissibility — None (Rules of Procedure of the General Court, Art. 130(7)) (see para. 21)

2. Action for annulment — Natural or legal persons — Meaning of regulatory act for the purposes of the fourth paragraph of Article 263 TFEU — Any act of general scope other than legislative acts (Arts 192(1) and 263, 4th para. TFEU) (see para. 38)

3. Acts of the institutions — Legal nature — Legislative acts and regulatory acts — Distinguishing criteria — Procedure for the adoption of the act (see paras 39-41)

4. Action for annulment — Natural or legal persons — Measures of direct and individual concern to them — Individual concern — Criteria — 2030 climate-energy legislative package — Action brought by individuals alleging infringement of fundamental rights — Not individually concerned — Inadmissibility (Art. 263, 4th para. TFEU; European Parliament and Council Regulations 2018/841, Arts 4 and 9, 2nd para. and 2018/842, Annex I; European Parliament and Council Directive 2018/410, Art. 4(2)) (see paras 45-50)

5. Fundamental rights — Right to effective judicial protection — Review of legality of EU measures — Procedures — Protection of that right by the EU judicature or by the national courts according to the legal nature of the contested measure — Possibility of using an annulment action or reference for a preliminary ruling on validity (Arts 263, 267 and 277 TFEU; Charter of Fundamental Rights of the European Union, Art. 47) (see paras 52, 53)

6. Actions for damages — Autonomy in relation to the action for annulment — Limits — Misuse of procedure (Arts 263, 268 and 340, 2nd para. TFEU) (see paras 65-69)

7. Judicial proceedings — Intervention — Action in the main proceedings inadmissible — Order of inadmissibility pronounced before ruling on the application to intervene — No need to adjudicate on the said application (Rules of Procedure of the General Court, Arts 130(1), 142(2) and 144(3)) (see paras 72, 73)

Re:

Application under Article 263 TFEU seeking, first, annulment in part of Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018 amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments, and Decision (EU) 2015/1814 (OJ 2018 L 76, p. 3), in particular Article 1 thereof, Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ 2018 L 156, p. 26), in particular Article 4(2) thereof and Annex I thereto, and Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ 2018 L 156, p. 1), in particular Article 4 thereof, and, second, compensation under Articles 268 and 340 TFEU in the form of an injunction for the damage that the applicants claim to have suffered.

Operative part

1. The action is dismissed as inadmissible.

2. There is no longer any need to adjudicate on the applications for leave to intervene submitted by Climate Action Network Europe, WeMove Europe SCE mbH, Arbeitsgemeinschaft Bäuerliche Landwirtschaft and the European Commission.

3. Mr Armando Carvalho and the other applicants whose names are set out in the annex are to bear their own costs and to pay those incurred by the European Parliament and the Council of the European Union.