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Case C-128/17: Judgment of the Court (Sixth Chamber) of 13 March 2019 — Republic of Poland v European Parliament, Council of the European Union (Action for annulment — Directive (EU) 2016/2284 — Reduction of national emissions of certain atmospheric pollutants — Adoption of EU legal acts — Functioning of the legislative procedure — Article 4(3) TEU — Principle of cooperation in good faith — Actual exercise of the EU legislature’s powers of discretion — Impact assessment — Sufficient assessment of the effects of the contested act — Article 5(4) TEU — Principle of proportionality — Article 4(2) TEU — Equality of Member States before the Treaties — Article 191(2) TFEU — EU policy on the environment — Account taken of the diversity of the EU regions — Judicial review)
ECLI:EU:UNKNOWN:62017CA0128
62017CA0128
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Official Journal of the European Union
C 155/3
(Case C-128/17) (*)
(Action for annulment - Directive (EU) 2016/2284 - Reduction of national emissions of certain atmospheric pollutants - Adoption of EU legal acts - Functioning of the legislative procedure - Article 4(3) TEU - Principle of cooperation in good faith - Actual exercise of the EU legislature’s powers of discretion - Impact assessment - Sufficient assessment of the effects of the contested act - Article 5(4) TEU - Principle of proportionality - Article 4(2) TEU - Equality of Member States before the Treaties - Article 191(2) TFEU - EU policy on the environment - Account taken of the diversity of the EU regions - Judicial review)
(2019/C 155/03)
Language of the case: Polish
Parties
Applicant: Republic of Poland (represented by: B. Majczyna, Agent)
Defendants: European Parliament (represented by: A. Tamás and A. Pospíšilová Padowska, Agents), Council of the European Union (represented by: M. Simm, A.-Z. Varfi, K. Adamczyk Delamarre and A. Sikora-Kalėda, Agents)
Interveners in support of the applicant: Hungary (represented by: M.Z. Fehér, G. Koós and E. Tóth, Agents), Romania (represented by: C. Canțăr, R.H. Radu, A. Wellman and M. Chicu, Agents)
Intervener in support of the defendants: European Commission (represented by: K. Petersen, K. Herrmann and G. Gattinara, Agents)
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the Republic of Poland to pay the costs incurred by the European Parliament and the Council of the European Union;
3.Orders Hungary, Romania and the European Commission to bear their own respective costs.
(*) Language of the case: Polish.
(OJ C 151, 15.5.2017)