CELEX: 62009TO0396
Language: en
Date: 2009-12-17 00:00:00
Title: Order of the President of the General Court of 17 December 2009. # Vereniging Mileudefensie and Stichting Stop Luchtverontreiniging Utrecht v European Commission. # Interim measures - Obligation of the Member States to protect and improve ambient air quality - Exemption granted to a Member State - Commission's refusal to review - Application for suspension of operation of a measure and interim measures - Inadmissibility. # Case T-396/09 R.

Order of the President of the General Court of 17 December 2009 – Vereniging Milieudefensie and Stichting Stop Luchtverontreiniging
            Utrecht v Commission
      (Case T-396/09 R)
      Interim measures – Obligation of the Member States to protect and improve ambient air quality – Exemption granted to a Member State – Commission’s refusal to review – Application for suspension of operation of a measure and interim measures – Inadmissibility
      1.                     Application for interim measures – Suspension of operation of a measure – Conditions for granting – Interest of the applicant
            in obtaining the suspension – Negative administrative decision – Suspension not capable of changing the applicant’s position
            – Not included (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 34-35)
      2.                     Application for interim measures – Conditions for admissibility – Link of the measure sought to the pleadings in the main
            action – Provisional character (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras
            36-39)
      3.                     Application for interim measures – Interim measures – Measure incompatible with the distribution of powers between institutions
            – Application seeking to enjoin the Commission to apply a possible annulment judgment in the main action in a particular way
            – Inadmissibility (Arts 266 TFEU and 279 TFEU) (see paras 41-42)
      Re:
      
         
               APPLICATION (i) for suspension of operation of Decision C(2009) 6121 of 28 July 2009 declaring inadmissible the applicants’
                  request for review by the Commission of its Decision C(2009) 2560 final of 7 April 2009 granting the Kingdom of the Netherlands
                  a temporary exemption from its obligations in combating ambient air pollution; and (ii) for interim measures requiring the
                  Kingdom of the Netherlands to comply with those obligations at the earliest opportunity.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.