Judgment of the General Court of 27 January 2021 — ClientEarth v EIB

(Case T-9/19) (1)

(Environment - Financing of a biomass power generation plant in Galicia - Resolution of the Board of Directors of the EIB approving the financing - Access to justice in environmental matters - Articles 9 and 10 of the Aarhus Convention - Articles 10 to 12 of Regulation (EC) No 1367/2006 - Request for an internal review - Refusal of the request as inadmissible - Action for annulment - Admissibility of a ground of defence - Obligation to state reasons - Concept of an act adopted under environmental law - Concept of an act having a legally binding and external effect)

(2021/C 88/34)

Language of the case: English

Parties

Applicant: ClientEarth (London, United Kingdom) (represented by: J. Flynn QC, H. Leith and S. Abram, Barristers)

Defendant: European Investment Bank (represented by: G. Faedo and K. Carr, acting as Agents, and by B. Wägenbaur, lawyer)

Intervener in support of the defendant: European Commission (represented by: F. Blanc and G. Gattinara, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of the decision of the European Investment Bank (EIB), communicated to the applicant by letter of 30 October 2018, rejecting as inadmissible the request for an internal review of the resolution of the EIB’s Board of Directors of 12 April 2018 approving the financing of a biomass power generation plant in Galicia (Spain) which the applicant had submitted on 9 August 2018, in application of Article 10 of Council 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) and of Commission Decision 2008/50/EC of 13 December 2007 laying down detailed rules for the application of Regulation No 1367/2006 as regards requests for the internal review of administrative acts (OJ 2008 L 13, p. 24).

Operative part of the judgment

The Court:

1. Annuls the decision of the European Investment Bank (EIB), communicated to ClientEarth by letter of 30 October 2018, rejecting as inadmissible the request for an internal review of the resolution of the EIB’s Board of Directors of 12 April 2018 approving the financing of a biomass power generation plant in Galicia (Spain) which ClientEarth had submitted on 9 August 2018, in application of Article 10 of Council 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 and Commission Decision 2008/50/EC of 13 December 2007 laying down detailed rules for the application of Regulation No 1367/2006 as regards requests for the internal review of administrative acts;

2. Orders the EIB to bear its own costs and to pay those incurred by ClientEarth;

3. Orders the European Commission to bear its own costs.

(1) OJ C 72, 25.2.2019.