Action brought on 30 July 2014 — EEB v Commission

(Case T-565/14)

(2014/C 395/64)

Language of the case: English

Parties

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

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

— annul the contested Commission decision of 12 June 2014 (Ares (2014)1915757);

— annul the second contested Commission Decision 2014/804/EU of 17 February 2014;

— order the Commission to pay the costs of the proceeding.

Pleas in law and main arguments

By its present action, the applicant seeks the annulment of the Commission’s decision of 12 June 2014 (Ares (2014)1915757) dismissing as inadmissible the applicant’s request for internal review regarding 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 (1) of the European Parliament and of the Council on industrial emissions. The applicant further seeks the annulment of Commission Decision C(2014) 804 final of 17 February 2014.

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

1. First plea in law concerning the decision Ares (2014) 1915757, alleging infringement of Regulation No 1367/2006 (2) and Directive No 2010/75: — as the decision on the transitional national plan is a measure of individual scope and therefore an administrative act under Regulation No 1367/2006. According to the applicant the Commission should thus have declared the request for internal review admissible; — as the Commission should have interpreted Article 10 of Regulation No 1367/2006 in accordance with the Aarhus Convention and found Article 2(1)(g) of Regulation No 1367/2006 illegal; — as the Commission’s argumentation is based on an incorrect interpretation of the relevant provisions of Directive 2010/75/EU.

2. Second plea in law concerning the Decision C(2014) 804 final, alleging infringement of Article 17 TEU, Directive 2010/75/EU, Commission Implementing Decision 2012/115/EU (3), the Aarhus Convention, Directive 2001/42/EC (4) and Directive 2008/50/EC (5).

(1) Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ 2010 L 334, p. 17).

(2) Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ 2006 L 264, p. 13).

(3) Commission Implementing Decision 2012/115/EU of 10 February 2012 laying down rules concerning the transitional national plans referred to in Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (notified under document C(2012) 612) (OJ 2012 L 52, p. 12).

(4) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ 2001 L 197, p. 30).

(5) 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 (OJ 2008 L 152, p. 1).