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To that end, Article 20(1) of that regulation sets an annual Union-level injection capacity of at least 50 million tonnes of CO2, to be a …","paragraph_id":"para_18"},{"text":"4         In accordance with Article 23(12)(a) of that regulation, the European Commission is empowered to adopt a delegated act concerning the rules on the identification of oil and gas producers that are subject to a contribution, including the threshold below which such entities are exempt from their contribution.","paragraph_id":"para_19"},{"text":"5         It was on the basis of that provision that the Commission adopted Delegated Regulation (EU) 2025/1477 of 21 May 2025 supplementing Regulation (EU) 2024/1735 of the European Parliament and of the Council by specifying the rules on the identification of authorised oil and gas producers who a …","paragraph_id":"para_20"},{"text":"6         In accordance with Article 23(3) of Regulation 2024/1735, the Commission adopted Decision (EU) 2025/1479 of 22 May 2025 specifying the pro rata contributions to the Union [CO2] injection capacity objective by 2030 from entities holding an authorisation as defined in Article 1, point 3, of Directive 94/22/EC of the European Parliament and of the Council (OJ L, 2025/1479; ‘the decision at issue’).","paragraph_id":"para_21"},{"text":"The procedure before the General Court and the order under appeal","paragraph_id":"para_22"},{"text":"7         By application lodged at the Registry of the General Court on 17 October 2025, the applicants brought an action based on Article 263 TFEU seeking the annulment of the decision at issue.","paragraph_id":"para_23"},{"text":"8         By document lodged at the Registry of the General Court on 11 February 2026, BlueNord Energy sought leave to intervene in support of the form of order sought by the applicants.","paragraph_id":"para_24"},{"text":"9         In support of its application to intervene, BlueNord Energy stated that it was one of the addressees of the decision at issue and that it had a direct and existing interest in the result of Case T‑724/25, in that the operative part of the decision which closes the proceedings would be capa …","paragraph_id":"para_25"},{"text":"10       By document lodged at the Registry of the General Court on 4 March 2026, the applicants did not raise any objection to that application to intervene. Moreover, the applicants requested that, in accordance with Article 144(2) of the Rules of Procedure of the General Court, certain confidential information in the file should not be communicated to BlueNord Energy in the event that it be granted leave to intervene.","paragraph_id":"para_26"},{"text":"11       By document lodged at the Registry of the General Court on 5 March 2026, the Commission contended that BlueNord Energy’s application to intervene should be dismissed and requested that BlueNord Energy be ordered to bear its own costs.","paragraph_id":"para_27"},{"text":"12       By the order under appeal, the General Court dismissed that application to intervene on the ground that BlueNord Energy had not demonstrated that it had a direct and existing interest in the result of Case T‑724/25.","paragraph_id":"para_28"},{"text":"13       First, the General Court held, in paragraphs 13 and 14 of the order under appeal, that Annex I to the decision at issue constituted, in essence, a bundle of individual decisions, by which the Commission set the amount of the individual contributions of the obligated entities. The possible a …","paragraph_id":"para_29"},{"text":"14       Second, the General Court rejected BlueNord Energy’s argument that the decision at issue would have no legal basis if the action were upheld on the basis of the plea of illegality in respect of Articles 20 and 23 of Regulation 2024/1735 and Articles 3 and 4 of Delegated Regulation 2025/1477 …","paragraph_id":"para_30"},{"text":"15       Lastly, the President of the Tenth Chamber of the General Court rejected, in paragraphs 20 and 21 of the order under appeal, BlueNord Energy’s argument based, in essence, on the case-law arising from the order of 16 December 2009, Tisza Erőmű v Commission (T‑468/08, EU:T:2009:518). The deci …","paragraph_id":"para_31"},{"text":"Forms of order sought by the parties to the appeal","paragraph_id":"para_32"},{"text":"16       By its appeal, BlueNord Energy claims that the Court should:","paragraph_id":"para_33"},{"text":"–        set aside the order under appeal;","paragraph_id":"para_34"},{"text":"–        grant it leave to intervene in Case T‑724/25 in support of the form of order sought by TotalEnergies EP Danmark A/S, TotalEnergies EP Denmark ASW, TotalEnergies EP Italia SpA and TotalEnergies EP Nederland BV, and","paragraph_id":"para_35"},{"text":"–        order the Commission to pay the costs.","paragraph_id":"para_36"},{"text":"17       The Commission contends that the Court should:","paragraph_id":"para_37"},{"text":"–        dismiss the appeal, and","paragraph_id":"para_38"},{"text":"–        order BlueNord Energy to pay the costs.","paragraph_id":"para_39"},{"text":"The appeal","paragraph_id":"para_40"},{"text":"Arguments","paragraph_id":"para_41"},{"text":"18       In support of its appeal, BlueNord Energy raises, in essence, a single ground of appeal, alleging an error of law in the interpretation of the second paragraph of Article 40 of the Statute of the Court of Justice of the European Union and of Regulation 2024/1735.","paragraph_id":"para_42"},{"text":"19       First, BlueNord Energy submits that the President of the Tenth Chamber of the General Court erred in law by holding, in paragraph 14 of the order under appeal, that the interest of the applicant to intervene is determined on the basis of the legal classification of the decision at issue. Bl …","paragraph_id":"para_43"},{"text":"20       BlueNord Energy submits, inter alia, that the reasoning of the President of the Tenth Chamber of the General Court, set out in paragraphs 20 and 21 of the order under appeal, to the effect that the decision at issue could be treated in the same way as decisions adopted in the field of compe …","paragraph_id":"para_44"},{"text":"21       Second, BlueNord Energy submits that its legal position would be altered by the annulment of the decision at issue, for two reasons. On the one hand, it agrees with the applicants’ position that the decision at issue should be annulled on the ground that, pursuant to Article 277 TFEU, Artic …","paragraph_id":"para_45"},{"text":"22       Third, its right to intervene is a specific expression of the right of access to the courts, guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union. Consequently, in accordance with that article, the General Court should have accepted that BlueNord Energy has a direct and existing interest in the result of the case.","paragraph_id":"para_46"},{"text":"23       The Commission contends that, in its appeal, BlueNord Energy has failed to demonstrate the existence of errors of law, and argues that the appeal must therefore be dismissed. It considers, first, that the decision at issue must be understood, as regards Annex I thereto, as constituting a bu …","paragraph_id":"para_47"},{"text":"Assessment","paragraph_id":"para_48"},{"text":"24       By its single ground of appeal, BlueNord Energy complains that the President of the Tenth Chamber of the General Court erred in law when interpreting the second paragraph of Article 40 of the Statute of the Court of Justice of the European Union by holding that BlueNord Energy has not demon …","paragraph_id":"para_49"},{"text":"25       In that regard, it should be recalled that, under the second paragraph of Article 40 of the Statute of the Court of Justice of the European Union, any natural or legal person which can establish an interest in the result of a case submitted to the Court, save in cases between Member States, between EU institutions or between Member States and EU institutions, may intervene in that case.","paragraph_id":"para_50"},{"text":"26       According to settled case-law, the concept of an ‘interest in the result of a case’, within the meaning of that provision, must be defined in the light of the precise subject matter of the dispute and be understood as meaning a direct, existing interest in the ruling on the form of order so …","paragraph_id":"para_51"},{"text":"27       In that regard, it is appropriate, in particular, to ascertain whether the applicant to intervene is directly affected by the contested measure and whether that applicant’s interest in the result of the case is certain. Generally, an interest in the result of the case can be considered to b …","paragraph_id":"para_52"},{"text":"28       In the present case, in order to ascertain whether the President of the Tenth Chamber of the General Court erred in law when assessing whether the applicant to intervene has a sufficiently direct interest in the result of the case, it must be determined whether the operative part of a subsequent annulment judgment would be such as to alter the legal situation of that applicant to intervene.","paragraph_id":"para_53"},{"text":"29       In the first place, it must be noted that Article 1 of the decision at issue imposes on authorisation holders whose combined production of crude oil and natural gas in the European Union amounted to 95% of the volume of crude oil and natural gas produced in the European Union in the period …","paragraph_id":"para_54"},{"text":"30       It is true that it must be stated, first, that the decision at issue is drafted and published in the form of a single decision and, second, that Article 1 of that decision determines, in abstract terms and on the basis of objective criteria, the entities subject to that obligation. However, …","paragraph_id":"para_55"},{"text":"31       Although BlueNord Energy is an addressee of the decision at issue, as are the applicants, such a decision can be annulled only with respect to those addressees which have successfully brought an action against that decision before the EU Courts, and it remains binding on the addressees whic …","paragraph_id":"para_56"},{"text":"32       Furthermore, as regards BlueNord Energy’s argument that the case-law on competition matters is not transposable to the present case, it should be noted, first of all, that, irrespective of the field to which a decision applies, the General Court assessed whether there was a sufficiently dir …","paragraph_id":"para_57"},{"text":"33       It follows that the President of the Tenth Chamber of the General Court was fully entitled, in paragraphs 13 and 14 of the order under appeal, to examine the legal classification of the decision at issue and the effect of any annulment of that decision on BlueNord Energy’s legal situation.","paragraph_id":"para_58"},{"text":"34       Next, contrary to what BlueNord Energy submits, the case-law cited in paragraph 14 of the order under appeal applies not only in the field of competition but also in other fields. It is sufficient to cite, in that regard, the orders of the President of the Court of 30 June 2025, SRB v Hypo …","paragraph_id":"para_59"},{"text":"35       Lastly, it follows, inter alia, from paragraphs 13 and 21 of the order under appeal that the President of the Tenth Chamber of the General Court also took into account the specific features of the regulatory framework in question.","paragraph_id":"para_60"},{"text":"36       In the second place, it must be held that BlueNord Energy’s legal position would not be altered by the possible annulment of the decision at issue.","paragraph_id":"para_61"},{"text":"37       In that regard, BlueNord Energy’s line of argument that the annulment of the decision at issue on the ground of lack of a legal basis would result in the revision of Regulation 2024/1735 and of Delegated Regulation 2025/1477 must be rejected. Although it is for the institution concerned to …","paragraph_id":"para_62"},{"text":"38       In the circumstances of the present case, the possible annulment of the decision at issue by the Court would render the individual decision in question unlawful, but would not affect the legality of the acts of general application on the basis of which the decision at issue was adopted, nam …","paragraph_id":"para_63"},{"text":"39       Thus, any revision of Regulation 2024/1735 and of Delegated Regulation 2025/1477, which could, in turn, have consequences for the individual contribution of the applicant to intervene, cannot establish that the latter has a direct and certain interest in the result of the case.","paragraph_id":"para_64"},{"text":"40       As BlueNord Energy itself states in its appeal, it would be exposed to ‘the risk of a revision of its contribution, while remaining uncertain as to its final amount under a regulatory scheme that distributes a total quota’. In that regard, it must be stated that, unlike the case which gave …","paragraph_id":"para_65"},{"text":"41       In those circumstances, the President of the Tenth Chamber of the General Court was fully entitled to hold, in paragraph 22 of the order under appeal, that BlueNord Energy has not demonstrated that it has a direct and existing interest in the result of the case.","paragraph_id":"para_66"},{"text":"42       That conclusion is not invalidated by BlueNord Energy’s argument that the order under appeal does not comply with Article 47 of the Charter of Fundamental Rights. It must be borne in mind, in that regard, that recognition of the right to an effective remedy under Article 47 in a given case …","paragraph_id":"para_67"},{"text":"43       Consequently, Article 47 cannot mean that a person who is not a party to a dispute which is the subject of proceedings before a Court of the European Union is necessarily entitled to intervene in those proceedings where the outcome of that case is not, as such, capable of having consequence …","paragraph_id":"para_68"},{"text":"44       In view of all the foregoing considerations, the single ground of appeal raised by BlueNord Energy in support of its appeal must be rejected and, consequently, the appeal must be dismissed in its entirety.","paragraph_id":"para_69"},{"text":"Costs","paragraph_id":"para_70"},{"text":"45       Under Article 184(2) of the Rules of Procedure of the Court of Justice, where the appeal is unfounded, the Court is to make a decision as to the costs.","paragraph_id":"para_71"},{"text":"46       Under Article 138(1) of those rules, which applies to appeal proceedings by virtue of Article 184(1) of those rules, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings.","paragraph_id":"para_72"},{"text":"47       Since the Commission has applied for costs and BlueNord Energy has been unsuccessful, BlueNord Energy must be ordered to bear its own costs relating to the appeal proceedings and to pay those incurred by the Commission.","paragraph_id":"para_73"},{"text":"On those grounds, the Vice-President of the Court hereby orders:","paragraph_id":"para_74"},{"text":"1.       The appeal is dismissed.","paragraph_id":"para_75"},{"text":"2.       BlueNord Energy Denmark A/S shall bear its own costs relating to the appeal proceedings and pay those incurred by the European Commission.","paragraph_id":"para_76"},{"text":"Luxembourg, 1 October 2026.","paragraph_id":"para_77"},{"text":"A. Calot Escobar","paragraph_id":"para_78"},{"text":"T. von Danwitz","paragraph_id":"para_79"},{"text":"Registrar","paragraph_id":"para_80"},{"text":"Vice-President","paragraph_id":"para_81"},{"text":"*       Language of the case: English.","paragraph_id":"para_82"}],"word_count":4498,"cites":["C-438/26","T-724/25","T-468/08","C-806/19","C-545/25","C-220/21","C-310/97","C-238/99","C-244/99","C-245/99","C-247/99","C-250/99","C-252/99","C-254/99","C-413/23","C-167/24","C-536/24","C-537/24","C-585/24","C-784/18","C-690/23"],"cited_by":[],"sha256":"989ee8ed2692f5a7c4437e60e700d4f2693d40bd50d51f9c4483f2e92c257717","source_url":"https://publications.europa.eu/resource/celex/62026CO0438","fetched_at":"2026-10-08T12:27:40.648+00:00","canonical":"https://legal.exploreworldai.com/ai/judgments/eu/c-438-26-p-i","risk_graph":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-438-26-p-i","relations_graph":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-438-26-p-i","changes":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/changes","agent":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-438-26-p-i"},"hash":"sha256:1b6f32ec585019b2aac3b665b9b5be457dc0b4153ccc896749e84ee3e21b425f","version":"legal-2026-10-12","expires":"2026-10-13T00:00:00.000Z","dependency":{"index_version":"legal-2026-10-12+legal-2026-10-12+2026-10-12T16:49:40","content_hash":"sha256:1b6f32ec585019b2aac3b665b9b5be457dc0b4153ccc896749e84ee3e21b425f","revalidate_after":"2026-10-12T20:51:01.219Z","max_copy_age_seconds":3600,"policy":"revalidate-required; attribution-preferred","changelog":"https://legal.exploreworldai.com/api/public/v1/dependency","verify":"https://legal.exploreworldai.com/api/public/v1/verify","stale_copy_invalid":true},"canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-438-26-p-i","follow":[{"rel":"risk","href":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-438-26-p-i"},{"rel":"relations","href":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-438-26-p-i"},{"rel":"agent","href":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-438-26-p-i"},{"rel":"obligations","href":"https://legal.exploreworldai.com/api/public/v1/obligation-chain"},{"rel":"changes","href":"https://legal.exploreworldai.com/api/public/v1/whats-new?jurisdiction=eu"}],"disclaimer":"Source reference with official identifier. 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