Order of the President of the General Court of 17 December 2009 - Vereniging Milieudefensie and Stichting Stop Luchtverontreiniging Utrecht v Commission

(Case T-396/09 R)

(Interim measures - Obligation of the Member States to protect and improve ambient air quality - Exemption granted to a Member State - Commission's refusal to review - Application for suspension of operation of a measure and interim measures - Inadmissibility)

Language of the case: Dutch

Parties

Applicants: Vereniging Milieudefensie (Amsterdam, Netherlands) and Stichting Stop Luchtverontreiniging Utrecht (Utrecht, Netherlands) (represented by: A. van den Biesen, lawyer)

Defendant: European Commission (represented by: P. Oliver, W. Roels and A. Alcover San Pedro, Agents)

Re:

Application (i) for suspension of operation of Decision C (2009) 6121 of 28 July 2009 declaring inadmissible the applicants' request for review by the Commission of its Decision C (2009) 2560 final of 7 April 2009 granting the Kingdom of the Netherlands a temporary exemption from its obligations in combating ambient air pollution; and (ii) for interim measures requiring the Kingdom of the Netherlands to comply with those obligations at the earliest opportunity.

Operative part of the order

1.    The application for interim measures is dismissed.

2.    Costs are reserved.

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