Notices for publication in the OJ nº T-623/19 of Tribunal General de la Unión Europea, October 11, 2019

Resolution DateOctober 11, 2019
Issuing OrganizationTribunal General de la Unión Europea
Decision NumberT-623/19

Action brought on 16 September 2019 - ArcelorMittal Bremen v Commission

(Case T-623/19)

Language of the case: German

Parties

Applicant: ArcelorMittal Bremen GmbH (Bremen, Germany) (represented by: S. Altenschmidt and L. Buschmann, lawyers)

Defendant: European Commission

Form of order sought

declare, pursuant to Article 265 TFEU, that the Commission infringed the second subparagraph of Article 19(4) of Commission Decision 2011/278/EU 1 by failing to decide on the total annual amount of emission allowances allocated free of charge for a significant capacity extension of the product benchmark sub-installation for hot metal of the installation (Installation ID 60) in Bremen, communicated to it by the Federal Republic of Germany on 12 April 2019;

alternatively, annul the Commission’s decision of 19 July 2019 on the applicant’s request of 12 April 2019;

order the defendant to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on the following plea in law.

The applicant submits that the Commission is obliged to adopt a decision pursuant to the second subparagraph of Article 19(4) of Decision 2011/278/EU and not to reject the total annual amount of emission allowances allocated free of charge for a significant capacity extension...

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