Orders nº T-141/19 of Tribunal General de la Unión Europea, May 06, 2020

Resolution DateMay 06, 2020
Issuing OrganizationTribunal General de la Unión Europea
Decision NumberT-141/19

(Action for annulment - Environment - Energy - Directive (EU) 2018/2001 - Inclusion of forest biomass among the sources of renewable energy - Act not of individual concern - Inadmissibility)

In Case T-141/19,

Peter Sabo, residing in Tulčik (Slovakia), and the other applicants whose names appear in the Annex, (1) represented by R. Smith, A. Dews and C. Day, Solicitors, D. Wolfe QC and P. Lockley and B. Mitchell, Barristers,

applicants,

v

European Parliament, represented by I. McDowell, C. Ionescu Dima and A. Tamás, acting as Agents,

and

Council of the European Union, represented by A. Lo Monaco and R. Meyer, acting as Agents,

defendants,

APPLICATION under Article 263 TFEU for annulment in part of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ 2018 L 328, p. 82), in so far as it includes forest biomass among the sources of renewable energy,

THE GENERAL COURT (Fourth Chamber),

composed of S. Gervasoni, President, R. Frendo (Rapporteur) and J. Martín y Pérez de Nanclares, Judges,

Registrar: E. Coulon,

makes the following

Order

Background to the dispute

1 The applicants, Mr Peter Sabo and the other persons whose names appear in the Annex, comprise individuals from various EU Member States (Estonia, Ireland, France and Slovakia) and from the United States as well as associations, more specifically environmental interest groups, which have their seat in various Member States.

2 In its conclusions of 23 and 24 October 2014, the European Council approved the 2030 EU climate and energy policy framework. That framework sets a binding target of a reduction of at least 40% in EU greenhouse gas emissions by 2030. The increased use of energy from renewable sources constitutes an important part of the package of measures needed to reduce greenhouse gas emissions and to comply with the European Union’s commitments under the Paris Agreement on Climate Change, approved on 12 December 2015.

3 On 11 December 2018, the European Parliament and the Council of the European Union adopted Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources (OJ 2018 L 328, p. 82, ‘the contested directive’). The contested directive is a recast of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ 2009 L 140, p. 16).

4 According to Article 1 thereof, the contested directive establishes a common framework for the promotion of energy from renewable sources and sets a binding Union target in that regard for the period up to 2030.

5 Article 2(2)(1) of the contested directive defines ‘energy from renewable sources’ as being, inter alia, ‘energy from renewable non-fossil sources, namely … biomass’.

6 Article 2(2)(24) of the contested directive defines ‘biomass’ as ‘the biodegradable fraction of products, waste and residues from biological origin from agriculture, including vegetal and animal substances, from forestry and related industries, including fisheries and aquaculture, as well as the biodegradable fraction of waste, including industrial and municipal waste of biological origin’.

7 Article 29 of the contested directive sets out the sustainability criteria and greenhouse gas emissions saving criteria for biofuels, bioliquids and biomass fuels. Article 29(1) provides that energy from those sources is to be taken into account for the purposes of contributing to the target relating to the share of energy from renewable sources, of measuring compliance with renewable energy obligations, and of eligibility for financial support. In comparison with Directive 2009/28, the contested directive extended the criteria to biomass used for heating, cooling and the production of electricity.

8 Article 29(3) of the contested directive provides that biofuels, bioliquids and biomass fuels taken into account for the purposes set out in paragraph 7 above are not to be made from raw material obtained from land with a high biodiversity value. That land includes, inter alia, primary forest and other wooded land, highly biodiverse forest, areas designated for nature protection purposes and grassland that maintains natural species composition and ecological characteristics and processes.

9 Article 29(6) of the contested directive defines the criteria which forest biomass - whether national or imported - must fulfil in order to be taken into account for the purposes of Article 29(1).

10 Article 30 concerns the verification of compliance with the sustainability and greenhouse gas emissions saving criteria and Article 31 sets out how the greenhouse gas impact of biofuels, bioliquids and biomass fuels is calculated.

Procedure and forms of order sought

11 On 4 March 2019, the applicants brought the present action.

12 By separate documents lodged at the Court Registry on 21 June 2019, the Parliament and the Council each raised a plea of inadmissibility on the basis of Article 130(1) of the Rules of Procedure of the General Court.

13 Accordingly, a decision on the applications to intervene submitted by the European Commission on 9...

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