# C_2021088EN.01002501.xml

| 15.3.2021 | EN | Official Journal of the European Union | C 88/25 |
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15.3.2021

EN

Official Journal of the European Union

C 88/25

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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)

(2021/C 88/32)

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:

| 1. | 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; |
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1.

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;

| 2. | 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; |
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2.

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;

| 3. | Orders the European Commission to bear its own costs and to pay those incurred by the Republic of Poland; |
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3.

Orders the European Commission to bear its own costs and to pay those incurred by the Republic of Poland;

| 4. | 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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4.

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.

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