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Case T-158/11: Order of the General Court of 10 March 2014 — Magnesitas de Rubián and Others v Parliament and Council (Environment — Integrated pollution prevention and control — Individual decision contained in Article 13(7) of Directive 2010/75/EU — Application for a declaration that there is no need to adjudicate — Dismissal — Discontinuance — Removal from the register)

ECLI:EU:UNKNOWN:62011TB0158

62011TB0158

March 10, 2014
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Official Journal of the European Union

C 135/35

(Case T-158/11) (1)

((Environment - Integrated pollution prevention and control - Individual decision contained in Article 13(7) of Directive 2010/75/EU - Application for a declaration that there is no need to adjudicate - Dismissal - Discontinuance - Removal from the register))

2014/C 135/44

Language of the case: Spanish

Parties

Applicants: Magnesitas de Rubián, SA (Incio, Spain); Magnesitas Navarras, SA (Zubiri, Spain); and Ellinikoi Lefkolithoi Anonymos Metalleftiki, Viomichaniki, Naftiliaki kai Emporiki Etaireia (Athens, Greece) (represented by: H. Brokelmann and P. Martínez-Lage Sobredo, lawyers)

Defendants: European Parliament (represented by: initially M. Gómez-Leal, I. Anagnostopoulou and L. Visaggio, and subsequently M. Gómez-Leal and M. Visaggio, Agents); and Council of the European Union (represented by: F. Florindo Gijón and K. Michoel, Agents)

Intervener in support of the defendant: European Commission (represented by: initially A. Alcover San Pedro and L. Banciella Rodríguez-Miñón, and subsequently by S. Petrova and E. Sanfrutos Cano, Agents)

Re:

Application for the annulment of the individual decision contained in Article 13(7) of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ 2010 L 334, p. 17), insofar as it imposes an obligation on the Member States to respect the conclusions on best available techniques contained in section 3.5 of the Reference Document on Best Available Techniques in the Cement, Lime and Magnesium Oxide Manufacturing Industries (OJ 2010 C 166, p. 5), as regards the conditions of the permits which the competent authorities grant to manufacturing facilities for magnesium subject to permits under that directive.

Operative part of the order

1.The application for a declaration that there is no need to adjudicate is dismissed.

2.Case T-158/11 is removed from the Register of the General Court.

3.Magnesitas de Rubián, SA, Magnesitas Navarras, SA and Ellinikoi Lefkolithoi Anonymos Metalleftiki, Viomichaniki, Naftiliaki kai Emporiki Etaireia shall bear their own costs and pay those incurred by the European Parliament and the Council of the European Union.

4.The European Commission shall bear its own costs.

(1) OJ C 139, 7.5.2011.

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