Case C-522/25 P: Appeal brought on 31 July 2025 by Krone Commercial Vehicle SE and Others against the order of the General Court (Third Chamber) delivered on 22 May 2025 in Case T-456/24, Krone Commercial Vehicle and Others v Parliament and Council
Date: 2025-07-31
Institutions: Court of Justice
Subjects: environmental protection, environmental standard, greenhouse gas, large vehicle, motor vehicle industry, motor vehicle pollution, polluter pays principle, reduction of gas emissions, rights of the defence








C_202505208EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/5208


6.10.2025






Appeal brought on 31 July 2025 by Krone Commercial Vehicle SE and Others against the order of the General Court (Third Chamber) delivered on 22 May 2025 in Case T-456/24, Krone Commercial Vehicle and Others v Parliament and Council



(Case C-522/25 P)

(C/2025/5208)
Language of the case: German

Parties


Appellants: Krone Commercial Vehicle SE, Schmitz Cargobull AG, Kögel Trailer GmbH, System Trailers Fahrzeugbau GmbH, Wecon GmbH, Schwarzmüller Deutschland GmbH, Langendorf GmbH, Fliegl Fahrzeugbau GmbH (represented by: E. Macher, M. Soppe and A. Dlouhy, Rechtsanwälte)

Other parties to the proceedings: European Parliament, Council of the European Union

Form of order sought

The appellants claim that the Court should:






1.


set aside the order of the General Court of 22 May 2025, Krone Commercial Vehicle and Others v Parliament (T-456/24);










2.


annul the following provisions of Regulation (EU) 2024/1610: (1)







—


point 2 of Article 1, in so far as it concerns point (c) of the first subparagraph of Article 2(1) of Regulation (EU) 2019/1242, (2)











—


point 2 of Article 1, in so far as it concerns the first sentence of the second subparagraph of Article 2(1) of Regulation 2019/1242, to the extent that it relates to point (c) of the first subparagraph,










—


point (g) of point 3 of Article 1, in so far as it concerns point (c) of point 11 of Article 3 of Regulation 2019/1242,










—


point 4 of Article 1, in so far as it concerns Article 3a(3) of Regulation 2019/1242,










—


point 10 of Article 1, in so far as it concerns Article 7a(c) of Regulation 2019/1242,










—


point 17 of Article 1, in so far as it refers in Article 14(1)(g) of Regulation 2019/1242 to point 2.6.3 of Annex I,










—


point 1 of Annex I, in so far as it refers to Annex I to Regulation 2019/1242 and points 1.1.3, 2.1.3, 2.5.3 and 2.6.3 thereof,










—


point 1 of Annex I, in so far as it refers to Annex I to Regulation 2019/1242 and points 2.2.1, 2.5, 2.6, 2.7.2, 3.1, 3.1.2, 4.1.2, 4.2, 5.1.2.3, 5.2, 5.3, 5.4 and 6 thereof, to the extent that they refer to vehicles of category O,










—


point 1 of Annex I, in so far as it refers to Annex I to Regulation 2019/1242 and point 4.3.1 thereof, to the extent that the table therein refers to trailers or semi-trailers,










—


points 1, 2 and 4 of Annex II (introducing the new Annex III to Regulation 2019/1242), in so far as they refer to vehicles of category O, and










—


Part B of Annex IV, in so far as it refers to vehicles of category O;














3.


in the alternative to the head of claim set out under point 2 above, refer Case T-456/24 back to the General Court for it to make all necessary decisions;










4.


order the defendant to pay the costs of the proceedings, including the lawyers’ fees incurred by the applicants in the proceedings in Case T-456/24.





Grounds of appeal and main arguments

The appellants challenge the dismissal of their action at first instance as inadmissible, relying on four grounds of appeal.
First, the appellants claim that the General Court erred in law in its application and assessment of the criterion of individual concern within the meaning of the second limb of the fourth paragraph of Article 263 TFEU. They argue that the General Court overlooked the fact that Implementing Regulation (EU) 2022/1362 (3) only becomes applicable on account of the contested provisions.
Second, the appellants allege that the General Court erred in law in its application and assessment of the criterion of individual concern within the meaning of the second limb of the fourth paragraph of Article 263 TFEU by incorrectly analysing and classifying the facts, namely the effect of the contested provisions as individual decisions.
Third, the appellants claim that the General Court erred in law in its application and assessment of the criterion of individual concern within the meaning of the second limb of the fourth paragraph of Article 263 TFEU. The appellants submit that the General Court erred in its assessment of the fact that the appellants were, contrary to the polluter pays principle and without any legal basis, made subject to obligations attended by sanctions (‘behavioural special levy’), which, according to the appellants, established their individual concern.
Fourth and lastly, the appellants allege that the General Court infringed their right to be heard, in particular due to the fact that it erred in law in its assessment of the requirements for individual concern within the meaning of the second limb of the fourth paragraph of Article 263 TFEU and due to its failure to take into account the lack of other legal remedies.


(1)  Regulation of the European Parliament and of the Council of 14 May 2024 amending Regulation (EU) 2019/1242 as regards strengthening the CO2 emission performance standards for new heavy-duty vehicles and integrating reporting obligations, amending Regulation (EU) 2018/858 and repealing Regulation (EU) 2018/956 (OJ L, 2024/1610, 6.6.2024).

(2)  Regulation of the European Parliament and of the Council of 20 June 2019 setting CO2 emission performance standards for new heavy-duty vehicles and amending Regulations (EC) No 595/2009 and (EU) 2018/956 of the European Parliament and of the Council and Council Directive 95/53/EC (OJ 2019 L 198, p. 202).

(3)  Commission Implementing Regulation of 1 August 2022 implementing Council Regulation (EC) No 595/2009 of the European Parliament and of the Council as regards the performance of heavy-duty trailers with regard to their influence on the CO2 emissions, fuel consumption, energy consumption and zero emission driving range of motor vehicles and amending Implementing Regulation (EU) 2020/683 (OJ 2022 L 205, p. 145).


ELI: http://data.europa.eu/eli/C/2025/5208/oj
ISSN 1977-091X (electronic edition)