Key facts of the case:
Action for annulment — Withdrawal of certified CO2 savings — Eco-innovations scheme — Regulation (EC) No 443/2009 — Implementing Regulation (EU) No 725/2011 — Act not open to challenge — Preparatory measure — Inadmissibility.
Outcome of the case:
THE GENERAL COURT (Second Chamber) hereby orders:
36) In support of the plea of inadmissibility, the Commission submits, in essence, first, that the contested act does not produce any binding legal effect on the applicant, so that, in the absence of an act adversely affecting the applicant, there is no valid action under Article 263 TFEU. In that regard, the Commission submits, in essence, that only Implementing Decision 2019/583, by which it established in a legally binding manner the applicant’s average specific emissions of CO2 for the year 2017, produces legal effects. Second, it submits that the applicant has no interest in bringing proceedings, even if its right to effective judicial protection were taken into account, in accordance with Article 47 of the Charter of Fundamental Rights of the European Union.