CELEX: 62017TA0699
Language: en
Date: 2021-01-27 00:00:00
Title: Case T-699/17: Judgment of the General Court of 27 January 2021 — Poland v Commission (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)

15.3.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 88/25
            
         
      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;
               
            
                  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;
               
            
                  4.
               
               
                  Orders the Kingdom of Belgium, the Republic of Bulgaria, the French Republic, Hungary and the Kingdom of Sweden to bear their own costs.
               
            
         (1)  OJ C 412, 4.12.2017.