Case C-161/20: Judgment of the Court (Grand Chamber) of 5 April 2022 — European Commission v Council of the European Union (Action for annulment — Council decision, contained in the act of the Permanent Representatives Committee (Coreper) of 5 February 2020, endorsing the submission to the International Maritime Organisation (IMO) concerning the introduction of life cycle guidelines to estimate well-to-tank greenhouse gas emissions of sustainable alternative fuels — Article 17(1) TEU — External representation of the European Union — Transmission of that submission to the IMO by the Member State holding the Presidency of the Council, on behalf of the Member States and the Commission)
Date: 2022-04-05
Institutions: Court of Justice
Subjects: Coreper, EU competence, energy production, energy resources, greenhouse gas, powers of the institutions (EU), reduction of gas emissions








C_2022213EN.01000501.xml










30.5.2022   


EN


Official Journal of the European Union


C 213/5






Judgment of the Court (Grand Chamber) of 5 April 2022 — European Commission v Council of the European Union
(Case C-161/20) (1)

(Action for annulment - Council decision, contained in the act of the Permanent Representatives Committee (Coreper) of 5 February 2020, endorsing the submission to the International Maritime Organisation (IMO) concerning the introduction of life cycle guidelines to estimate well-to-tank greenhouse gas emissions of sustainable alternative fuels - Article 17(1) TEU - External representation of the European Union - Transmission of that submission to the IMO by the Member State holding the Presidency of the Council, on behalf of the Member States and the Commission)
(2022/C 213/04)
Language of the case: English

Parties


Applicant: European Commission (represented: initially by J.-F. Brakeland, S.L. Kalėda, W. Mölls and E. Georgieva, and subsequently by J.-F. Brakeland, S.L. Kalėda and E. Georgieva, acting as Agents)

Defendant: Council of the European Union (represented by: N. Rouam, K. Michoel, T. Haas and A. Norberg, acting as Agents)

Interveners in support of the defendant: Kingdom of Belgium (represented by: S. Baeyens and P. Cottin, acting as Agents, and by V. Van Thuyne and W. Timmermans, advocaten), Czech Republic (represented by: M. Smolek, J. Vláčil, D. Czechová, K. Najmanová and L. Březinová, acting as Agents), Kingdom of Denmark (represented: initially by J. Nymann-Lindegren, M. Jespersen, V. Pasternak Jørgensen and M. Søndahl Wolff, and subsequently by V. Pasternak Jørgensen and M. Søndahl Wolff, acting as Agents), Federal Republic of Germany (represented by: D. Klebs and J. Möller, acting as Agents), Hellenic Republic (represented by: S. Chala, acting as Agent), French Republic (represented by: J.-L. Carré, T. Stéhelin and A.-L. Desjonquères, acting as Agents), Kingdom of the Netherlands (represented by: M.K. Bulterman, M.H.S. Gijzen and J.M. Hoogveld, acting as Agents), Republic of Finland (represented by: H. Leppo, acting as Agent), Kingdom of Sweden (represented by: O. Simonsson, J. Lundberg, C. Meyer-Seitz, A.M. Runeskjöld, M. Salborn Hodgson, H. Shev, H. Eklinder and R. Shahsavan Eriksson, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the European Commission to bear its own costs and to pay those incurred by the Council of the European Union;










3.


Orders the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the French Republic, the Kingdom of the Netherlands, the Republic of Finland and the Kingdom of Sweden to bear their own costs.






(1)  OJ C 209, 22.6.2020.