On February 26, 2024, Global Legal Action Network (GLAN) and Climate Action Network Europe (CAN-Europe) brought a case in the General Court against the European Commission for its refusal to internally review Implementing Decision 2023/1319 on Member States’ annual greenhouse gas emission allocations. The General Court dismissed the case on September 2, 2026.

The case concerned the Effort Sharing framework of the European Union (EU): sectors outside the EU Emissions Trading System for which Member States receive annual emissions allocations. Decision 2023/1319 replaced the relevant annex to the earlier 2020 implementing decision and set updated annual allocations, expressed in metric tons of CO2 equivalent, for 2023–2025. Under Article 4(3) of Regulation 2018/842, the Commission’s task was to translate legislatively fixed targets into annual Member State allocations using prescribed linear trajectories and national inventory data.

On August 23, 2023, GLAN and CAN-Europe requested internal review of Decision 2023/1319 under Article 10(1) of the Aarhus Regulation. They argued that the allocation decision was unlawful because the underlying EU climate targets and the 2020 impact assessment supporting them were inadequate. The NGOs contended that the EU target of a 55% net reduction in greenhouse gas emissions by 2030 compared with 1990 levels, and the linked Effort Sharing target of a 40% reduction compared with 2005 levels, were insufficient and inadequately assessed. They relied, among other grounds, on the Paris Agreement, Article 191 TFEU, the precautionary and prevention principles, and Charter rights. The applicants also argued that the Commission should have carried out fresh assessments before setting the annual allocations, and that allocations based on an allegedly inadequate 2030 target were themselves inadequate.

In December 2023, however, the Commission refused the NGOs’ internal-review request. As a result, the current case was filed in the General Court, seeking annulment of that refusal. 

Five Judges of the General Court held that the NGOs’ challenge was directed at the EU’s legislative 2030 climate targets, rather than at a defect specific to the Commission’s implementing decision. Under Article 10 of the Aarhus Regulation, internal review is confined to non-legislative administrative acts. It therefore cannot be used to require the Commission, when exercising an implementing power, to revisit or depart from choices made by the EU legislature. Reviewing the sequence of events, the Court reaffirmed that an NGO cannot use Article 10 Aarhus internal review of a Commission implementing act to obtain a reassessment of the ambition, validity, or compatibility with environmental law of the underlying legislative targets that the Commission is legally obliged to implement under Article 291 TFEU.

Global Legal Action Network and CAN-Europe v Commission

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Global Legal Action Network and CAN-Europe v Commission - judgment

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Using laws and the legal system more broadly to protect vulnerable entities

Either money or something of monetary value is transferred between two or more organisations, people or countries.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

On February 26, 2024, Global Legal Action Network (GLAN) and Climate Action Network Europe (CAN-Europe) brought a case in the General Court against the European Commission for its refusal to internally review Implementing Decision 2023/1319 on Member States’ annual greenhouse gas emission allocations. The General Court dismissed the case on September 2, 2026.

The case concerned the Effort Sharing framework of the European Union (EU): sectors outside the EU Emissions Trading System for which Member States receive annual emissions allocations. Decision 2023/1319 replaced the relevant annex to the earlier 2020 implementing decision and set updated annual allocations, expressed in metric tons of CO2 equivalent, for 2023–2025. Under Article 4(3) of Regulation 2018/842, the Commission’s task was to translate legislatively fixed targets into annual Member State allocations using prescribed linear trajectories and national inventory data.

On August 23, 2023, GLAN and CAN-Europe requested internal review of Decision 2023/1319 under Article 10(1) of the Aarhus Regulation. They argued that the allocation decision was unlawful because the underlying EU climate targets and the 2020 impact assessment supporting them were inadequate. The NGOs contended that the EU target of a 55% net reduction in greenhouse gas emissions by 2030 compared with 1990 levels, and the linked Effort Sharing target of a 40% reduction compared with 2005 levels, were insufficient and inadequately assessed. They relied, among other grounds, on the Paris Agreement, Article 191 TFEU, the precautionary and prevention principles, and Charter rights. The applicants also argued that the Commission should have carried out fresh assessments before setting the annual allocations, and that allocations based on an allegedly inadequate 2030 target were themselves inadequate.

In December 2023, however, the Commission refused the NGOs’ internal-review request. As a result, the current case was filed in the General Court, seeking annulment of that refusal. 

Five Judges of the General Court held that the NGOs’ challenge was directed at the EU’s legislative 2030 climate targets, rather than at a defect specific to the Commission’s implementing decision. Under Article 10 of the Aarhus Regulation, internal review is confined to non-legislative administrative acts. It therefore cannot be used to require the Commission, when exercising an implementing power, to revisit or depart from choices made by the EU legislature. Reviewing the sequence of events, the Court reaffirmed that an NGO cannot use Article 10 Aarhus internal review of a Commission implementing act to obtain a reassessment of the ambition, validity, or compatibility with environmental law of the underlying legislative targets that the Commission is legally obliged to implement under Article 291 TFEU. 

Global Legal Action Network and CAN-Europe v Commission - judgment

Target

Policy instrument

Risk

Just transition

Greenhouse gas

Finance