Order of the General Court (Seventh Chamber) of 17 July 2015 —

EEB v Commission

(Case T‑565/14)

‛Environment — Regulation (EC) No 1367/2006 — Commission decision concerning the notification by Poland of a transitional national plan as referred to in Article 32 of Directive 2010/75/EU on industrial emissions — Refusal of internal review — Measure of individual scope — Aarhus Convention — Period allowed for commencing proceedings — Lateness — Action in part manifestly inadmissible and in part manifestly devoid of any foundation in law’

1. Actions for annulment — Time-limits — Point from which time starts to run — Date of publication — Day on which a measure came to the knowledge of the applicant — Subsidiary matter — Measures which, in accordance with a consistent practice of the institution, are published in the Official Journal — Publication — Concept (Art. 263, sixth para., TFEU) (see paras 19-22)

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 — Interpretation of secondary law having regard to international agreements concluded by the EU — Obligation of conforming interpretation — Limits (Art. 216(2) TFEU; Aarhus Convention, Art. 9(3); European Parliament and Council Regulation No 1367/2006, Arts 2(1)(g), and 10) (see paras 29-34)

3. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Decision of the Commission concerning notification by a Member State of a transitional national plan as referred to in Article 32 of Directive 2010/75 on industrial emissions — Action by an association for promoting environmental protection — Not individually affected — Inadmissibility (Art. 263, fourth para., TFEU; European Parliament and Council Regulation 1367/2006, Art. 2(1)(g); European Parliament and Council Directive 2010/75, Art. 32) (see paras 40-49)

Re:

APPLICATION, first, for annulment of Commission Decision C(2014) 804 final of 17 February 2014 on the notification by the Republic of Poland of a transitional national plan referred to in Article 32 of Directive 2010/75/EU, on industrial emissions, and, secondly, for annulment of the Commission Decision of 12 June 2014 (Ares (2014) 1915757) declaring inadmissible the applicant’s request that the Commission review its decision of 17 February 2014.

Operative part

1. The action is dismissed.

2. There is no need to adjudicate on the applications for leave to intervene of the Council of the European Union, the European Parliament and the Republic of Poland.

3. European Environmental Bureau (EEB) is ordered to bear its own costs and pay those incurred by the European Commission.

4. EEB, the Commission, the Council, the Parliament and the Republic of Poland are ordered each to bear their own costs relating to the applications to intervene.

Order of the General Court (Seventh Chamber) of 17 July 2015 —

EEB v Commission

(Case T‑565/14)

‛Environment — Regulation (EC) No 1367/2006 — Commission decision concerning the notification by Poland of a transitional national plan as referred to in Article 32 of Directive 2010/75/EU on industrial emissions — Refusal of internal review — Measure of individual scope — Aarhus Convention — Period allowed for commencing proceedings — Lateness — Action in part manifestly inadmissible and in part manifestly devoid of any foundation in law’

1. Actions for annulment — Time-limits — Point from which time starts to run — Date of publication — Day on which a measure came to the knowledge of the applicant — Subsidiary matter — Measures which, in accordance with a consistent practice of the institution, are published in the Official Journal — Publication — Concept (Art. 263, sixth para., TFEU) (see paras 19-22)

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 — Interpretation of secondary law having regard to international agreements concluded by the EU — Obligation of conforming interpretation — Limits (Art. 216(2) TFEU; Aarhus Convention, Art. 9(3); European Parliament and Council Regulation No 1367/2006, Arts 2(1)(g), and 10) (see paras 29-34)

3. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Decision of the Commission concerning notification by a Member State of a transitional national plan as referred to in Article 32 of Directive 2010/75 on industrial emissions — Action by an association for promoting environmental protection — Not individually affected — Inadmissibility (Art. 263, fourth para., TFEU; European Parliament and Council Regulation 1367/2006, Art. 2(1)(g); European Parliament and Council Directive 2010/75, Art. 32) (see paras 40-49)

Re:

APPLICATION, first, for annulment of Commission Decision C(2014) 804 final of 17 February 2014 on the notification by the Republic of Poland of a transitional national plan referred to in Article 32 of Directive 2010/75/EU, on industrial emissions, and, secondly, for annulment of the Commission Decision of 12 June 2014 (Ares (2014) 1915757) declaring inadmissible the applicant’s request that the Commission review its decision of 17 February 2014.

Operative part

1. The action is dismissed.

2. There is no need to adjudicate on the applications for leave to intervene of the Council of the European Union, the European Parliament and the Republic of Poland.

3. European Environmental Bureau (EEB) is ordered to bear its own costs and pay those incurred by the European Commission.