# C_2014431EN.01003501.xml

| 1.12.2014 | EN | Official Journal of the European Union | C 431/35 |
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1.12.2014

EN

Official Journal of the European Union

C 431/35

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Action brought on 18 September 2014 — EEB/Commission

(Case T-685/14)

(2014/C 431/58)

Language of the case: English

Parties

Parties

Applicant: European Environmental Bureau (EEB) (Brussels, Belgium) (represented by: S. Podskalská, lawyer)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the Commission Decision Ares (2014) 2317513, of 11 July 2014, declaring inadmissible the request for internal review, lodged by the applicant, regarding the Commission decision 2014/2002 final, of 31 March 2014, on the notification by the Republic of Bulgaria of a transitional national plan referred to in Article 32 of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions; |
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annul the Commission Decision Ares (2014) 2317513, of 11 July 2014, declaring inadmissible the request for internal review, lodged by the applicant, regarding the Commission decision 2014/2002 final, of 31 March 2014, on the notification by the Republic of Bulgaria of a transitional national plan referred to in Article 32 of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions;

| — | annul the Commission Decision C 2014/2002 final, of 31 March 2014, on the notification by the Republic of Bulgaria of a transitional national plan referred to in Article 32 of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions; |
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annul the Commission Decision C 2014/2002 final, of 31 March 2014, on the notification by the Republic of Bulgaria of a transitional national plan referred to in Article 32 of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions;

| — | order the defendant to pay the costs of the proceedings. |
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order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

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

| 1. | First plea in law, alleging that the Commission Decision Ares (2014) 2317513, of 11 July 2014, infringes article 17 of the Treaty on the European Union, articles 2(1)(g) and 10 of Regulation (EC) No 1367/2006, the United Nations Economic Commission for Europe Convention on access to information, public participation in decision-making and access to justice in environmental matters (the ‘UNECE Convention’), in conjunction with the Council decision, of 17 February 2005 on the conclusion, on behalf of the European Community, of the UNECE Convention (2005/370/EC). |
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1.

First plea in law, alleging that the Commission Decision Ares (2014) 2317513, of 11 July 2014, infringes article 17 of the Treaty on the European Union, articles 2(1)(g) and 10 of Regulation (EC) No 1367/2006, the United Nations Economic Commission for Europe Convention on access to information, public participation in decision-making and access to justice in environmental matters (the ‘UNECE Convention’), in conjunction with the Council decision, of 17 February 2005 on the conclusion, on behalf of the European Community, of the UNECE Convention (2005/370/EC).

| 2. | Second plea in law, alleging that the Commission Decision C 2014/2002 final, of 31 March 2014, infringes article 17 of the Treaty on the European Union, the Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions, the Commission Implementing Decision 2012/115/EU, of 10 February 2012, laying down rules concerning the transnational plans referred to in Decision 2010/75/EU, the UNECE Convention, in conjunction with the Council Decision, of 17 February 2005 on the conclusion, on behalf of the European Community, of the UNECE Convention (2005/370/EC), Directive 2001/42/EC on the assessment of the effects of certain plans and programs on the environment, and Directive 2008/50/EC of the European Parliament and of the Council, of 21 May 2008, on ambient air quality and cleaner air for Europe. |
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2.

Second plea in law, alleging that the Commission Decision C 2014/2002 final, of 31 March 2014, infringes article 17 of the Treaty on the European Union, the Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions, the Commission Implementing Decision 2012/115/EU, of 10 February 2012, laying down rules concerning the transnational plans referred to in Decision 2010/75/EU, the UNECE Convention, in conjunction with the Council Decision, of 17 February 2005 on the conclusion, on behalf of the European Community, of the UNECE Convention (2005/370/EC), Directive 2001/42/EC on the assessment of the effects of certain plans and programs on the environment, and Directive 2008/50/EC of the European Parliament and of the Council, of 21 May 2008, on ambient air quality and cleaner air for Europe.

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