Judgment of the General Court of 27 January 2021 – Poland v Commission
(Case T-699/17) 1
(Environment – Directive 2010/75/EU – Industrial emissions – Implementing Decision (EU) 2017/1442 – Large combustion plants – Best available techniques (BAT) conclusions – Article 16(4) and (5) TEU – Article 3(2) and (3) of Protocol (No 36) on transitional provisions – Application of the law ratione temporis – Comitology)
Language of the case: Polish
Parties
Applicant: Republic of Poland (represented by: B. Majczyna and D. Krawczyk, acting as Agents)
Defendant: European Commission (represented by: Ł. Habiak, K. Herrmann and R. Tricot, acting as Agents)
Interveners in support of the applicant: Republic of Bulgaria (represented by: E. Petranova and T. Mitova, acting as Agents), Hungary (represented by: M. Fehér, acting as Agent)
Interveners in support of the defendant: Kingdom of Belgium (represented by: M. Jacobs, acting as Agent), French Republic (represented by: J. Traband and A.-L. Desjonquères, acting as Agents), Kingdom of Sweden (represented by: C. Meyer-Seitz, H. Shev, L. Zettergren and A. Alriksson, acting as Agents)
Re:
Action pursuant to Article 263 TFEU seeking annulment of Commission Implementing Decision (EU) 2017/1442 of 31 July 2017 establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for large combustion plants (OJ 2017 L 212, p. 1).
Operative part of the judgment
The Court:
Annuls Commission Implementing Decision (EU) 2017/1442 of 31 July 2017 establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for large combustion plants;
Orders that the effects of the implementing decision annulled pursuant to paragraph 1 of the present operative part be maintained until the entry into force, within a reasonable period which cannot exceed twelve months from the date of delivery of the present judgment, of a new act intended to replace it and adopted in accordance with the qualified-majority rules laid down in Article 3(3) of Protocol (No 36) on transitional provisions;
Orders the European Commission to bear its own costs and to pay those incurred by the Republic of Poland;
Orders the Kingdom of Belgium, the Republic of Bulgaria, the French Republic, Hungary and the Kingdom of Sweden to bear their own costs.
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1 OJ C 412, 4.12.2017.