Judgment of the General Court of 17 April 2024 – Föreningen Svenskt Landskapsskydd v Commission
(Case T-346/22) 1
(Environment – Swedish Integrated National Energy and Climate Plan 2021-2030 – Request for internal review – Article 10(1) of Regulation (EC) No 1367/2006 – Rejection of the request – Application for annulment – Error of assessment – Action for failure to act – No invitation to act – Inadmissibility)
Language of the case: English
Parties
Applicant: Föreningen Svenskt Landskapsskydd (Koler, Sweden) (represented by: G. Byrne, Barrister-at-Law)
Defendant: European Commission (represented by: B. De Meester and G. Gattinara, acting as Agents)
Interveners in support of the defendant: European Parliament (represented by: O. Denkov and J. Etienne, acting as Agents), Council of the European Union (represented by: L. Vétillard and J. Himmanen, acting as Agents)
Re:
By its action, the applicant seeks, first and principally, on the basis of Article 263 TFEU, annulment of the decision of the European Commission notified by letter of 1 April 2022 rejecting the request for internal review which it submitted on 15 December 2021 and, secondly, in the alternative, on the basis of Article 265 TFEU, a finding that the Commission unlawfully failed to act in accordance with the purpose of its request of 13 December 2021 concerning the integrated national energy and climate plan of the Kingdom of Sweden covering the period 2021-2030.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Föreningen Svenskt Landskapsskydd to bear, in addition to its own costs, the costs incurred by the European Commission;
Orders the European Parliament and the Council of the European Union to bear their own costs.
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1 OJ C 311, 16.8.2022.