On 30 September 2026, the EU General Court ruled on a challenge brought by three environmental NGOs against the technical screening criteria (TSC) for aviation and maritime transport under the EU Taxonomy, adopted by the European Commission in 2023. The NGOs sought to have the criteria, which allow certain conventional aircraft and gas-fuelled vessels to be classified as 'transitional' sustainable activities, withdrawn. The Court dismissed almost the entire challenge, affirming the broad discretion of the Commission under the relevant regulation. However, it upheld one aspect regarding gas-fuelled vessels, requiring the Commission to clarify emissions thresholds and standards to verify methane-slippage mitigation. The taxonomical criteria for aviation and shipping remain in force, with some technical points subject to future revision by the Commission. The Court's decision underscores the regulatory continuity in the EU's green classification framework while signaling areas for further clarification.
The case involved NGOs challenging the criteria that permit certain aircraft and ships to be considered sustainable transitional activities. Most of their objections, including challenges to CO2 thresholds and fuel requirements, were rejected by the Court, which confirmed the Commission’s broad authority. Notably, the Court did find that the requirement for gas-fuelled vessels to use 'state-of-the-art' methane-slippage mitigation could not stand alone without clear emissions standards or cross-references to established standards such as FuelEU Maritime. The Court ordered the Commission to re-examine this aspect, but the overarching criteria will continue to be implemented pending further review.
This ruling indicates that the EU’s taxonomy approach to aviation and maritime industries remains intact, but it also emphasizes the importance of clear verification standards for specific environmental mitigation measures. The European Commission is expected to revise the maritime criteria accordingly, with the exact timing of such revisions to be announced. The decision leaves open the possibility for an appeal to the Court of Justice on legal points, maintaining ongoing legal oversight of EU sustainable classification rules.
