On 9 March 2023, the Court of Justice of EU ('CJEU') rendered its judgment in case Vapo Atlantic (C-604/21), ruling that the incorporation obligations of biofuels into fuel, in force in Portugal through Decree-Law no. 117/2010 (currently repealed and replaced by Decree-Law no. 84/2022), constitute a technical regulation for the purposes of Directive 98/34. Accordingly, it can be enforced against individuals only if its draft has been notified to the European Commission, which did not occur. 

Under the mentioned national legislation, companies that failed to comply with the incorporation obligations were subject to the payment of a financial compensation. The CJEU's judgment, which has erga omnes effect and accordingly is binding for all the entitites involved - determines that those compensations cannot be enforced. 

Rita Leandro Vasconcelos (partner at CVA) and Mariana Martins Pereira (principal associate at CVA) intervened in these proceedings on behalf of Vapo Atlantic, S.A.