Order of the Court (Seventh Chamber) of 31 January 2020

Data

Court: Court of Justice

Case date: 31 januari 2020

Verdict

Order of the Court (Seventh Chamber) of 31 January 2020 — Euracoal v Commission

(Case C‑172/19 P)^(*)

"(Appeal - Article 181 of the Rules of Procedure of the Court of Justice - Environment - Directive 2010/75/EU - Best available techniques (BAT) conclusions - Implementing Decision (EU) 2017/1442 –Large combustion plants - Action for annulment - Inadmissibility - Lack of individual concern - Participation in the process leading to the adoption of the act - Procedural guarantees at the time of the adoption of the act - Substitution of grounds - No grounds alleging infringement of the appellant’s procedural rights - Act not of individual concern - Appeal manifestly unfounded )"

Appeal —Grounds —Grounds which are manifestly inadmissible or manifestly unfoundedDismissal at any point, by reasoned order, without an oral procedure

(Rules of Procedure of the Court of Justice, Art. 181)

(see paras 16, 17, 43, 44)

Appeal —GroundsGrounds of a judgment vitiated by an infringement of EU lawOperative part well founded for other legal reasonsRejection

(see paras 21, 22, 43)

Action for annulmentNatural or legal personsMeasures of direct and individual concern to themDirective relating to industrial emissionsImplementing decision establishing best available techniquesAction brought by an association that had benefited from procedural rights during the procedure for the adoption of the implementing decisionNo grounds alleging infringement of those procedural rightsNot individually concernedInadmissibility

(Art. 263, fourth para., TFEU; European Parliament and Council Directive 2010/75, Arts 13 and 75; Commission Decision 2017/1442)

(see paras 26-40)

Operative part

The appeal is dismissed as being manifestly unfounded.

The Association européenne du charbon et du lignite (Euracoal) is ordered to pay the costs.