Some European ethanol producers are taking legal action against rules introduced to the aviation sector by the European Union's ReFuelEU Aviation plan. The accusation is that of improperly excluding biofuels, those produced from crop waste, from the economic stimulus program which aims to reduce greenhouse gas emissions from aviation.

"As in the FuelEU Maritime case, the RefuelEU Aviation legislation once again jeopardizes European ambitions for the decarbonisation of transport by discriminating against sustainable biofuels compliant" with the Red (Renewable Energy Directive) standard. "Renewable ethanol has a proven track record in terms of emissions reduction and sustainability", said David Carpintero, director general of ePure, the European association for renewable ethanol.

With that goal, on January 24, 2024, the ePure association and the Hungarian bio-refining company Pannonia Bio Zrt filed an application for annulment of RefuelEU Aviation at the European Union court. The lawsuit claims that the European Parliament and the Council have violated the principle of "proportionality" by enacting bans on the use of biofuels derived from crops that comply with the Red provision.