Judgment of the Court (Eighth Chamber) of 21 October 2021.Lípidos Santiga, SA v European Commission.Appeal – Energy – Directive (EU) 2018/2001 – Promotion of the use of energy from renewable sources – Limit on use of biofuels produced from food and feed crops – Delegated Regulation (EU) 2019/807 – Definition of high indirect land-use change (ILUC) risk feedstock – Palm oil – Action for annulment – Condition that a natural or legal person must be directly concerned – Inadmissibility.Case C-402/20 P.

Judgment // 21/10/2021 // 2 min read
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Judgment of the Court (Eighth Chamber) of 21 October 2021 – Lípidos Santiga v Commission

(Case C‑402/20 P) ( 1 )

(Appeal – Energy – Directive (EU) 2018/2001 – Promotion of the use of energy from renewable sources – Limit on use of biofuels produced from food and feed crops – Delegated Regulation (EU) 2019/807 – Definition of high indirect land-use change (ILUC) risk feedstock – Palm oil – Action for annulment – Condition that a natural or legal person must be directly concerned – Inadmissibility)

  1. Action for annulment – Natural or legal persons – Regulatory acts – Acts not entailing implementing measures and concerning the applicant directly – Concept of direct concern – Criteria – Act likely to have an influence on the material situation of the applicant – Criterion not conclusive

(Art. 263, para. 4, TFEU)

(see paras 19-26)

  1. Action for annulment – Natural or legal persons – Regulatory acts – Acts not entailing implementing measures and concerning the applicant directly – Concept of direct concern – Criteria – Act directly affecting the applicant’s legal situation – Commission Delegated Regulation establishing high indirect land-use change (ILUC) risk feedstock – Applicant company not establishing a direct effect on its legal situation – Inadmissibility

(Art. 263, para. 4, TFEU; European Parliament and Council Directive 2018/2001, Art. 26(2); Commission Regulation 2019/807)

(see paras 35-47)

Operative part

The Court:

  1. Dismisses the appeal;

  2. Orders Lípidos Santiga SA to pay the costs.

( 1 ) OJ C 348, 19.10.2020.

Energy