Action brought on 18 March 2013 – EPAW v Commission

(Case T-168/13)

Language of the case: English

Parties

Applicant: European Platform Against Windfarms (EPAW) (Kingscourt,Republic of Ireland) (represented by: C. Kiss, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

Annul the communication from the Commission to the European Parliament, Council, the European Economic and Social Committee and the Committee of the Regions « Renewable Energy : a major player in the European energy market » COM(2012) 271 ;

Annul the answer of the European Commission to the Request for Internal Review of EPAW No AG/ss ener.c.l(2012)1664829 by way of DG Energy dated 21 January 2013

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

First plea in law, alleging that Commission Communication COM(2012)271 is unlawful.

Commission Communication COM(2012)271 failed to provide for public participation on the Renewable Energy Strategy in compliance with the Aarhus Convention.

Second plea in law, alleging that Commission Communication COM(2012)271 is unlawful.

Commission Communication(2012)271 failed to comply with the Aarhus Regulation (EU Regulation 1367/2006).

Third plea in law, alleging that the letter of the Commission No AG/ss ener.c.l(2012)1664829 is unlawful.

The letter of the Commission unlawfully states that an administrative act in order to be reviewable via a request for Internal Review pursuant to the EU Regulation 1367/2006 has to be an act of individual scope and to be an act adopted by an EU institution having legally binding effects.