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Case T-514/21: Order of the General Court of 19 October 2022 — Associazione ‘Terra Mia Amici No Tap’ v EIB (Action for failure to act — Environment — Financing of the Trans Adriatic Pipeline — Resolution of the Board of Directors of the EIB approving the financing — Article 10 of Regulation (EC) No 1367/2006 — Request for internal review — Answer given after the action was brought — Application for an injunction — Lack of jurisdiction — Plea of inadmissibility — No need to adjudicate)
ECLI:EU:UNKNOWN:62021TB0514
62021TB0514
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Official Journal of the European Union
C 463/44
(Case T-514/21) (*)
(Action for failure to act - Environment - Financing of the Trans Adriatic Pipeline - Resolution of the Board of Directors of the EIB approving the financing - Article 10 of Regulation (EC) No 1367/2006 - Request for internal review - Answer given after the action was brought - Application for an injunction - Lack of jurisdiction - Plea of inadmissibility - No need to adjudicate)
(2022/C 463/64)
Language of the case: Italian
Parties
Applicant: Associazione ‘Terra Mia Amici No Tap’ (Melendugno, Italy) (represented by: A. Calò, lawyer)
Defendant: European Investment Bank (represented by: T. Gilliams, G. Faedo and K. Carr, acting as Agents, and by A. Dal Ferro, lawyer)
Re:
By its action under Article 265 TFEU, the applicant asks the Court, first, to declare that the European Investment Bank (EIB) acted unlawfully by failing to act on its request for internal review of 19 December 2020 concerning the decision of the EIB of 6 February 2018 on the financing of the gas pipeline project from Greece to Italy through Albania and the Adriatic Sea and the loan agreement signed on 30 November 2018 pursuant to that decision and, second, to order the EIB to withdraw that loan.
Operative part of the order
1.There is no further need to adjudicate on the first head of claim of the Associazione ‘Terra Mia Amici No TAP’ seeking a declaration that the European Investment Bank (EIB) acted unlawfully by failing to act on its request for internal review of 19 December 2020 concerning the decision of the EIB of 6 February 2018 on the financing of the gas pipeline project from Greece to Italy through Albania and the Adriatic Sea and the loan agreement signed on 30 November 2018 pursuant to that decision.
2.The action is dismissed as to the remainder.
3.EIB is ordered to pay its own costs and those incurred by the Associazione ‘Terra Mia Amici No Tap’.
(*) Language of the case: Italian.