Case T-730/25: Action brought on 20 October 2025 – Tenaz Energy Netherlands v Commission
Date: 2025-10-20
Institutions: General Court
Subjects: carbon neutrality, clean technology, equal treatment, gas industry, industrial pollution, oil industry, principle of proportionality, right to property, rights of the defence








C_202506648EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/6648


22.12.2025






Action brought on 20 October 2025 – Tenaz Energy Netherlands v Commission


(Case T-730/25)

(C/2025/6648)
Language of the case: English

Parties


Applicant: Tenaz Energy Netherlands BV (Assen, Netherlands) (represented by: A. Rogers, K. Berestecka and A. Vlazakis, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul, having previously declared illegal and inapplicable to the applicant, Article 23(1), in conjunction with Article 20(1), of Regulation (EU) 2024/1735 (the ‘NZIA’), the Contested Decision and the Contested Delegated Regulation; and,










—


order the Commission to pay the applicant’s costs in these proceedings.





Pleas in law and main arguments

In support of the action, seeking, on the one hand the annulment of the decision of the European Commission (EU) 2025/1479 of 22 May 2025 specifying the pro rata contributions to the Union CO2 injection capacity objective by 2030 from entities holding an authorisation as defined in Article 1, point 3, of Directive 94/22/EC of the European Parliament and of the Council (the ‘Contested Decision’) and of the 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 (the ‘Contested Delegated Regulation’) and, on the other hand, the illegality and inapplicability of Article 23(1) of 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, the applicant relies on seven pleas in law.






1.


First plea in law, alleging that by imposing on the obligated entities the entire target of 50 Mtpa of CO2 injection capacity by 2030 without deducting existing storage capacity and storage projects in development, the Commission acted ultra vires, unlawfully and disproportionally.










2.


Second plea in law, alleging by imposing the CO2 Injection Obligation, the contested acts have infringed the applicant’s right to property and its right to conduct business.










3.


Third plea in law, alleging that the CO2 Injection Obligation is impossible to comply with by 2030 and therefore infringes the principle of proportionality.










4.


Fourth plea in law, alleging a failure to apply a harmonised calculation methodology for individual CO2 injection capacity obligations in the Contested Decision breaches Article 23(1) NZIA and the principles of non-discrimination and equal treatment.










5.


Fifth plea in law, alleging that the lack of access to data and absence of a hearing during the administrative procedure leading to the adoption of the contested acts resulted in a breach of Article 23(3) NZIA, of the principle of good administration and the applicant’s rights of defence.










6.


Sixth plea in law, alleging that the contested acts violate the general principles of equal treatment and non-discrimination.










7.


Seventh plea in law, alleging that the contested acts introduce additional conditions to the applicant’s offshore natural gas production and exploration licences in violation of its legitimate expectations.






ELI: http://data.europa.eu/eli/C/2025/6648/oj
ISSN 1977-091X (electronic edition)