Case T-639/25: Action brought on 19 September 2025 – Finland v Commission
Date: 2025-09-19
Institutions: General Court
Subjects: EU Emissions Trading Scheme, EU emission allowance, abuse of power, greenhouse gas, information system, reduction of gas emissions, tradeable emission permit








C_202506513EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/6513


15.12.2025






Action brought on 19 September 2025 – Finland v Commission


(Case T-639/25)

(C/2025/6513)
Language of the case: Finnish

Parties


Applicant: Republic of Finland (represented by: H. Leppo and M. Pere, acting as Agents)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






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annul Article 1(14) of Commission Delegated Regulation (EU) 2025/1253 of 11 February 2025 amending Delegated Regulation (EU) 2019/1122 supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards the functioning of the Union Registry (OJ L 2025/1253, 26.6.2025), insofar as it adds to Article 58a(2) of Delegated Regulation (EU) 209/1122; (1)











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order the Commission to pay the costs of the proceedings incurred by Finland.





Pleas in law and main arguments

In support of its action, the applicant relies on two pleas in law.






1.


First plea in law, alleging issues relating to Article 58a(2) inserted into Delegated Regulation (EU) 2019/1122 by Delegated Regulation (EU) 2025/1253.






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Article 58a(2) inserted into Delegated Regulation (EU) 2019/1122 (2) by Delegated Regulation (EU) 2025/1253 is contrary to key elements of the Emissions Trading Directive 2003/87/EC: (3) the content and nature of an emission allowance as defined in Article 3(a) of the Emissions Trading Directive as part of the of the scheme of the Emissions Trading Directive, as well as the first paragraph of Article 1 of the Emissions Trading Directive and the economic logic underlying the emissions trading scheme. The fact that an operator’s account is credited with a different number of allowances than the number of allowances that the operator has unduly surrendered is contrary to the Emissions Trading Directive.














2.


Second plea in law, based on the limits of the Commission’s powers.






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In adopting the contested provision, the Commission exceeded its powers. The Commission exceeded the powers conferred on it by Article 19(3) of Directive 2003/87/EC. Furthermore, the contested delegated regulation interferes with the essential elements of the Emissions Trading Directive, contrary to Article 290 TFEU.










(1)  Commission Delegated Regulation (EU) 2025/1253 of 11 February 2025 amending Delegated Regulation (EU) 2019/1122 supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards the functioning of the Union Registry (EU) 2019/1122 on the functioning of the Union Registry (OJ L, 2025/1253, 26.6.2025).

(2)  Commission Delegated Regulation (EU) 2019/1122 of 12 March 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards the functioning of the Union Registry (OJ 2019 L 177, pp. 3-62).

(3)  Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, pp. 32-46).


ELI: http://data.europa.eu/eli/C/2025/6513/oj
ISSN 1977-091X (electronic edition)