Joined Cases T-825/19 and T-826/19: Judgment of the General Court of 22 March 2023 — Tazzetti v Commission (Environment — Regulation (EU) No 517/2014 — Fluorinated greenhouse gases — Electronic registry for quotas for placing hydrofluorocarbons on the market — Undertakings with the same beneficial owner — Single producer or importer — Act having an adverse effect — Interest in bringing proceedings — Admissibility — Request to modify the application — Inadmissibility — Plea of illegality — Interpretation of an implementing regulation consistent with the basic regulation — Implementing power of the Commission)
Date: 2023-03-22
Institutions: General Court
Subjects: abuse of power, equal treatment, exchange of information, greenhouse gas, information system, market approval, ownership, principle of legal certainty, principle of proportionality, reduction of gas emissions








C_2023179EN.01002501.xml










22.5.2023   


EN


Official Journal of the European Union


C 179/25






Judgment of the General Court of 22 March 2023 — Tazzetti v Commission
(Joined Cases T-825/19 and T-826/19) (1)

(Environment - Regulation (EU) No 517/2014 - Fluorinated greenhouse gases - Electronic registry for quotas for placing hydrofluorocarbons on the market - Undertakings with the same beneficial owner - Single producer or importer - Act having an adverse effect - Interest in bringing proceedings - Admissibility - Request to modify the application - Inadmissibility - Plea of illegality - Interpretation of an implementing regulation consistent with the basic regulation - Implementing power of the Commission)
(2023/C 179/35)
Language of the case: Italian

Parties


Applicant in Case T-825/19: Tazzetti SpA (Volpiano, Italy) (represented by: M. Condinanzi, E. Ferrero and C. Vivani, lawyers)

Applicant in Case T-826/19: Tazzetti SA (Madrid, Spain) (represented by: M. Condinanzi, E. Ferrero and C. Vivani, lawyers)

Defendant: European Commission (represented by: G. Gattinara and E. Sanfrutos Cano, acting as Agents)

Re:

By their actions brought on 4 December 2019 under Article 263 TFEU, the applicants seek annulment, first, of decisions contained in three letters of 27 and 30 September 2019 and in two emails of 6 and 20 November 2019 from the European Commission, made pursuant to Commission Implementing Regulation (EU) 2019/661 of 25 April 2019 ensuring the smooth functioning of the electronic registry for quotas for placing hydrofluorocarbons on the market (OJ 2019 L 112, p. 11), and, secondly, Commission Implementing Decision (EU) 2020/1604 of 23 October 2020 determining, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases, reference values for the period 1 January 2021 to 31 December 2023 for each producer or importer that has lawfully placed hydrofluorocarbons on the market in the Union from 1 January 2015, as reported under that Regulation (OJ 2020 L 364, p. 1).

Operative part of the judgment

The Court:






1.


Joins Cases T-825/19 and T-826/19 for the purposes of the judgment;










2.


Annuls the decisions contained in the second letter sent by the European Commission on 27 September 2019, in the letter of 30 September 2019 of the Commission, and in the email of 20 November 2019 of the Commission addressed to Tazzetti SpA and Tazzetti SA;










3.


Dismisses the action as to the remainder;










4.


Orders the Commission to bear its own costs and to pay those incurred by Tazzetti SpA and Tazzetti SA.






(1)  OJ C 45, 10.2.2020.