Case T-715/25: Action brought on 16 October 2025 – ExxonMobil Producing Netherlands and Mobil Erdgas-Erdöl v Commission
Date: 2025-10-16
Institutions: General Court
Subjects: carbon neutrality, clean technology, gas industry, general legal principle, industrial pollution, legal basis, oil industry, principle of proportionality, principle of subsidiarity, transfer of competence








C_202506638EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/6638


22.12.2025






Action brought on 16 October 2025 – ExxonMobil Producing Netherlands and Mobil Erdgas-Erdöl v Commission


(Case T-715/25)

(C/2025/6638)
Language of the case: English

Parties


Applicants: ExxonMobil Producing Netherlands BV (Rotterdam, Netherlands), Mobil Erdgas-Erdöl GmbH (Hamburg, Germany) (represented by: A. Pliego Selie, M. Lawton, U. Scholz and H. Weßling, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:






—


annul pursuant to Article 263 TFEU the Commission Delegated Regulation (EU) 2025/1477 of 21 May 2025 (the ‘Contested Regulation’) (1); and/or










—


annul pursuant to Article 263 TFEU the Contested Regulation insofar as it specifies the rules by which EMPN and MEEG are identified as obligated entities and thereby subject to an obligation to comply with the contribution obligations of Article 23 of Regulation (EU) 2024/1735 of 13 June 2024 (the Net Zero Industry Act or NZIA) (2); and/or










—


annul pursuant to Article 263 TFEU the Contested Regulation insofar as it specifies the rules by which EMPN is identified as an obligated entity and thereby subject to an obligation to comply with the contribution obligations of Article 23 NZIA; and/or










—


annul pursuant to Article 263 TFEU the Contested Regulation insofar as it specifies the rules by which MEEG is identified as an obligated entity and thereby subject to an obligation to comply with the contribution obligations of Article 23 NZIA; and/or










—


declare Article 23 NZIA inapplicable, in whole or in part, pursuant to Article 277 TFEU;










—


order the Commission to pay EMPN and MEEG’s costs pursuant to Article 134 of the Rules of Procedure of the General Court, including the costs relating to any intervening parties.





Pleas in law and main arguments

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






1.


First plea in law, alleging that Article 23 NZIA was adopted in violation of the principles of conferral and subsidiarity, and in any event lacks a valid legal basis under Article 114 TFEU.










2.


Second plea in law, alleging that Article 23 NZIA is inconsistent with the EU Charter of Fundamental Rights (the ‘Charter’) and general principles of EU law, in particular the principle of proportionality of Article 5(4) TEU, and the Contested Regulation is unlawful insofar as it is adopted pursuant to Article 23 NZIA.










3.


Third plea in law, alleging that the Contested Regulation is unlawful because it is inconsistent with the Charter and general principles of EU law.






(1)  Commission Delegated Regulation (EU) 2025/1477 of 21 May 2025 supplementing Regulation (EU) 2024/1735 of the European Parliament and of the Council by specifying the rules on the identification of authorised oil and gas producers who are required to contribute to the objective of reaching the Union target for available CO2 injection capacity by 2030, on the calculation of their respective contributions, and on their reporting obligations (OJ L 2025/1477).

(2)  Regulation (EU) 2024/1735 of the European Parliament and of the Council of 13 June 2024 on establishing a framework of measures for strengthening Europe’s net-zero technology manufacturing ecosystem and amending Regulation (EU) 2018/1724 (OJ L 2024/1735).


ELI: http://data.europa.eu/eli/C/2025/6638/oj
ISSN 1977-091X (electronic edition)