Case T-282/25: Action brought on 29 April 2025 – FOP v Commission
Date: 2025-04-29
Institutions: General Court
Subjects: Germany, biofuel, greenhouse gas, import (EU), infringement of EU law, operation of the Institutions, reduction of gas emissions, sustainable product, used oil








C_202503315EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/3315


24.6.2025






Action brought on 29 April 2025 – FOP v Commission


(Case T-282/25)

(C/2025/3315)
Language of the case: French

Parties


Applicant: Fédération française des producteurs d’oléagineux et de protéagineux (FOP) (Paris, France) (represented by: B. Le Bret, M.-A. de Chillaz and M. Gouraud, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


declare the present action admissible and well-founded;










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find that the European Commission has failed to fulfil its obligations pursuant to Article 30(10) of Directive (1) (EU) 2018/2001, by failing to adopt an implementing act provided for by that provision, within six months of receipt, in June 2023, of Germany’s request that the Commission examine whether the sustainability and the greenhouse gas emissions saving criteria laid down in Article 29 of the Directive have been met in relation to Asian imports into the European Union of biofuels produced from feedstock listed in Annex IX to that directive, including waste cooking oil;










—


order the Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law.
Pursuant to Article 30(10) of Directive (EU) 2018/2001, Member States are able to request that the Commission examine whether the sustainability and greenhouse gas emissions saving criteria laid down in the Directive have been met in relation to a renewable fuel source. That provision imposes on the Commission, in addition to an obligation to carry out an examination and whatever the outcome thereof, a transparent, clear and unconditional obligation to adopt, within six months of receipt of the request from a Member State, one or more implementing acts drawing the conclusions of its examination.
In the present case, in June 2023 Germany submitted a request to the Commission for an examination in relation to fraudulent Asian imports into the European Union of biofuels produced from feedstock listed in Annex IX to Directive (EU) 2018/2001, including waste cooking oil. While the abovementioned period of six months expired a very long time ago, since it ended in December 2023, and although the Commission was formally invited to adopt the implementing act putting an end to the examination, it has still not adopted that implementing act. It merely states that the review is still ongoing, and that it has not yet taken a position on its outcome.
Consequently, the Commission has failed to fulfil its obligations under Article 30(10) of Directive (EU) 2018/2001, by failing to adopt within the prescribed period the implementing act or acts drawing the conclusions of its examination.


(1)  Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (recast) (OJ 2018 L 328, p. 82).


ELI: http://data.europa.eu/eli/C/2025/3315/oj
ISSN 1977-091X (electronic edition)