Official Journal of the European Union

C 9/28

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(Case C-405/12 P)

2013/C 9/46

Language of the case: Dutch

Parties

Appellant: European Commission (represented by: P. Oliver, J.-P. Keppenne, G. Valero Jordana, P. van Nuffel, Agents)

Other parties to the proceedings:

Pesticide Action Network Europe,

Republic of Poland,

Council of the European Union

Form of order sought

The appellant claims that the Court should:

—set aside the judgment of the General Court (Seventh Chamber) of 14 June 2012 in Case T-338/08;

—rule on the substance of the case and dismiss the actions for annulment of the Commission’s decisions of 1 July 2008; and

—order the applicants to pay the costs incurred by the Commission in Case T-338/08 and in this appeal.

Pleas in law and main arguments

The appellant’s first plea coincides with the first plea in Case C-403/12 P.

By its second plea, the Commission submits, in the alternative, that the General Court misinterpreted the scope of Article 9(3) of the Aarhus Convention (1) in the light of the second subparagraph of Article 2(2) of that convention, by concluding that the Commission did not act ‘in a legislative capacity’ within the meaning of the latter provision in adopting Regulation (EC) No 149/2008. (2)

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(1) Aarhus Convention of 25 June 1998 on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, approved by Council Decision 2005/370/EC of 17 February 2005 (OJ 2005 L 124, p. 1).

(2) Commission Regulation of 29 January 2008 amending Regulation (EC) No 396/2005 of the European Parliament and of the Council by establishing Annexes II, III and IV setting maximum residue levels for products covered by Annex I thereto (OJ 2008 L 58, p. 1).

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