you should read it, too:

• The Commission in 2023 ​excluded aircraft for private or commercial business ​aviation from the list, based on CO2 emissions per passenger kilometre compared with other modes of ​transport.
• That decision was contested by French planemaker ​Dassault Aviation AM.PA, which called it unlawful

and the court decided in favor of AM.PA, (hence “cannot be excluded” meaning they overturned the 2023 move) meaning business aviation goes back into the list if the Commission doesn’t appeal