Action brought on 22 August 2023 – Föreningen Svenskt Landskapsskydd and Others v Council

(Case T-534/23)

Language of the case: English

Parties

Applicants: Föreningen Svenskt Landskapsskydd (Koler, Sweden) and six others (represented by: M. Le Berre, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicants claim that the Court should:

declare the application admissible;

find the application well founded, and consequently;

annul the decision of the Council (SGS 23/00028) of 13 June 2023 rejecting the applicants’ request for internal review (‘the contested decision’); and

order the Council to pay the costs.

Pleas in law and main arguments

In support of the action, the applicants rely on five pleas in law.

First plea in law, alleging the illegality of the rejection by the Council of the applicants’ request for internal review of Council Regulation (EU) 2022/2577 ¹ as inadmissible, on the following grounds:

lack of intelligibility, in that the Council considered that Council Regulation 2022/2577 is concurrently ‘not a legislative act’ within the meaning of the Treaties and not ‘an administrative act in the meaning of [Regulation (EC) No 1367/2006 of the European Parliament and of the Council ¹ ]’, which is contradictory;

inoperative argumentation with regard to the claim by the Council that the request for internal review be held as inadmissible;

breach of Article 2(1)c and g and Article 10(1) of Regulation No 1367/2006; and

breach of Article 289(1) to (3) TFEU.

Second plea in law, alleging the breach of Article 10(2) of Regulation No 1367/2006 in that the contested decision does not satisfy the requirements thereof that the institution having received one or several requests for internal review is bound to ‘take it into consideration’ and to ‘state its reason in a written reply’.

Third plea in law, alleging, on the basis of Article 277 TFEU, the illegality of Regulation 2577/2022 on the following grounds:

breach of Articles 122 TFEU, 192 TFEU and 194 TFEU;

breach of Article 193 TFEU;

lack of conformity with Article 8 of the Aarhus Convention;

breach of Council Directive 92/43/EEC ¹ and Directive 2009/147/EC of the European Parliament and of the Council ² by Article 3 of Regulation 2577/2022;

breach of Directive 2011/92/EU of the European Parliament and of the Council ¹ by Article 5(3) of Regulation 2577/2022;

breach of environmental directives by Article 6 of Regulation 2577/2022; and

breach of Union environmental law by Article 9 of Regulation 2577/2022.

Fourth plea in law, alleging the breach by the contested decision of several provisions of European Union law and, in particular, of Article 122 TFEU, of Article 37 of the Charter of Fundamental Rights of the European Union, of Article 3 TEU, of Article 11 TFEU and Article 191 TFEU, of Article 8 of the Aarhus Convention, as well as of provisions of secondary European Union environmental law.

Fifth plea in law, alleging the breach of the obligation of motivation laid down in Article 296 TFEU on the following grounds:

contradiction in the motivation regarding the nature of Regulation 2577/2022;

lack of justification with regard to the features of Regulation 2577/2022; and

incomplete motivation with regard to Article 8 of the Aarhus Convention and to the principle of energy solidarity.

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¹ Council Regulation (EU) 2022/2577 of 22 December 2022 laying down a framework to accelerate the deployment of renewable energy (OJ 2022 L 335, p. 36).

¹ Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Union institutions and bodies (OJ 2006 L 264, p. 13).

¹ Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7).

¹ Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ 2010 L 20, p. 7).

¹ Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ 2012 L 26, p.1).