Order of the General Court (Sixth Chamber) of 29 June 2015 —
Frank Bold v Commission
(Case T‑19/13)
Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Decision granting the Czech Republic an option for transitional free allocation of quotas for the modernisation of electricity generation — Request for internal review of that decision — No measure of individual scope — Commission decision declaring the request for a review inadmissible — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
1. Acts of the institutions — Decision of the Commission fronting a Member State an option for transitional free allocation of quotas for the modernisation of electricity generation — Measure of general scope — No administrative act which can form the subject-matter of a request for an internal review under Regulation No 1367/2006 (European Parliament and Council Regulation No 1367/2006, Arts 2(1)(g), and 10(1); European Parliament and Council Directive 2003/87, Arts 9 and 10c) (see paras 33-45)
2. International agreements — European Union Agreements — Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention) — Effects — Primacy over secondary legislation of the European Union — Examination of the legality of an act of secondary EU law having regard to the provisions of that convention — Conditions — Provisions not unconditional and sufficiently precise — Not included (Art. 216(2) TFEU; Aarhus Convention, Art. 9(3); European Parliament and Council Regulation No 1367/2006, Art. 10(1)) (see paras 52-54)
3. Environment — Atmospheric pollution — Directive 2003/87 — National allocation plan for greenhouse gas emission allowances (NAP) — Discretion of the Commission — Adoption of guidelines for implementation of the directive — Scope — Self-limitation of the Commission’s power — Right of addressee Member States to cite the said guidelines against the Commission (European Parliament and Council Directive 2003/87) (see paras 62, 63)
Re:
| APPLICATION for annulment of (i) Commission Decision C(2012) 8382 final of 12 November 2012 rejecting as inadmissible the request for internal review of Commission decision C(2012) 4576 final of 6 July 2012 granting the Czech Republic an option for transitional free allocation of quotas for the modernisation of electricity generation, and (ii) the latter decision. |
Operative part
1. | | The action is dismissed. |
2. | | Frank Bold Society is ordered to bear its own costs and to pay those incurred by the European Commission. |
3. | | The Czech Republic is ordered to bear its own costs. |