EU court rules in favour of Dassault on business jet manufacturing

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  • The General Court overturned part of the European Commission regulation.
  • Business jets offer flexibility and speed not matched by alternatives.
  • The ruling addresses substantial contribution to climate mitigation.
  • OEMs must report on taxonomy inclusion status.
  • The case number is T 77/24.

The General Court of the European Union has sided with Dassault Aviation in a ruling on business aircraft manufacturing. Judges overturned a section of regulation that limited transitional activities under the taxonomy directive to zero emission aircraft only. The court identified a manifest error of assessment in the European Commission’s exclusion of business jet production.

The ruling took place on 24 June 2026 in case T 77/24. The court noted the flexibility and speed of business jets along with their ability to use sustainable aviation fuels in significant proportions. The European Commission had amended the delegated regulation in 2023 to include only zero direct CO2 emission aircraft manufacturing.

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Judges ruled on 24 June that the manufacturing of business aircraft should not be considered environmentally unsustainable. The court overturned part of a key regulation from the European Commission. 

The ruling stated that the European Commission made a manifest error of assessment in excluding the manufacture of aircraft produced for private or commercial business aviation from transitional activities under the taxonomy directive. The errors included the consideration that lower emission alternatives to business jets lack the flexibility and speed of such aircraft. The court noted the ability of business jets to operate with a significant proportion of sustainable aviation fuels. 

The 2023 amendment to the delegated regulation included only the manufacturing of aircraft with zero direct carbon dioxide emissions in the taxonomy. The exclusion did not ban the activity but required original equipment manufacturers to report that they are not included in the list. The ruling in case T 77 24 Dassault Aviation against European Commission can be appealed. 

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The General Court of the European Union has sided with Dassault Aviation and ruled that the manufacturing of business aircraft should not be considered environmentally unsustainable.

The court said that the European Commission made a manifest error of assessment in excluding the manufacture of aircraft produced for private or commercial business aviation.

The Commission could not base this exclusion on the existence of technologically and economically feasible alternatives. This decision affects how OEMs report activities and their access to funding within the EU net zero framework. The ruling can undergo appeal. Dassault Falcon 6X represents one model in the company’s range.

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In 2023 the Commission amended a delegated regulation defining conditions for determining which activities can be regarded as making a substantial contribution to climate change mitigation or adaptation.

The ruling in case T 77 24 Dassault Aviation against European Commission can be appealed.

The General Court shared “The Commission could not base this exclusion on the existence of technologically and economically feasible alternatives on the grounds that other available means of transport would constitute low carbon alternatives for the latest generation of business jets.”

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