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Joined Cases C-401/12 P to C-403/12 P: Judgment of the Court (Grand Chamber) of 13 January 2015 — Council of the European Union, European Parliament, European Commission v Vereniging Milieudefensie, Stichting Stop Luchtverontreiniging Utrecht (Appeals — Directive 2008/50/EC — Directive on ambient air quality and cleaner air for Europe — Decision regarding the notification by the Kingdom of the Netherlands of the postponement of the deadline for attaining the limit values for nitrogen dioxide and the exemption from the obligation to apply the limit values for particulate matter (PM10) — Request for internal review of that decision, submitted pursuant to Regulation (EC) No 1367/2006 — Commission decision declaring the request inadmissible — Measure of individual scope — Aarhus Convention — Validity of Regulation (EC) No 1367/2006 in the light of that convention)

ECLI:EU:UNKNOWN:62012CA0401

62012CA0401

January 13, 2015
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Official Journal of the European Union

C 73/2

(Joined Cases C-401/12 P to C-403/12 P) (<span class="super note-tag">1</span>)

(Appeals - Directive 2008/50/EC - Directive on ambient air quality and cleaner air for Europe - Decision regarding the notification by the Kingdom of the Netherlands of the postponement of the deadline for attaining the limit values for nitrogen dioxide and the exemption from the obligation to apply the limit values for particulate matter (PM10) - Request for internal review of that decision, submitted pursuant to Regulation (EC) No 1367/2006 - Commission decision declaring the request inadmissible - Measure of individual scope - Aarhus Convention - Validity of Regulation (EC) No 1367/2006 in the light of that convention)

(2015/C 073/02)

Language of the case: Dutch

Parties

Appellants: Council of the European Union (represented by: M. Moore and K. Michoel, acting as Agents), European Parliament (represented by: L. Visaggio and G. Corstens, acting as Agents), European Commission (represented by: J.-P. Keppenne, P. Oliver, P. Van Nuffel, G. Valero Jordana and S. Boelaert, acting as Agents)

Other parties to the proceedings: Vereniging Milieudefensie, Stichting Stop Luchtverontreiniging Utrecht (represented by: A. van den Biesen, advocaat)

Intervener in support of the appellants: Czech Republic (represented by: D. Hadroušek, acting as Agent)

Operative part of the judgment

The Court:

1)Dismisses the cross-appeal;

2)Sets aside the judgment of the General Court of the European Union in Vereniging Milieudefensie and Stichting Stop Luchtverontreiniging Utrecht v Commission (T-396/09, EU:T:2012:301);

3)Dismisses the application for annulment lodged by Vereniging Milieudefensie and Stichting Stop Luchtverontreiniging Utrecht before the General Court of the European Union;

4)Orders Vereniging Milieudefensie and Stichting Stop Luchtverontreiniging Utrecht to pay jointly and severally the costs incurred at first instance and in the appeals by the Council of the European Union, the European Parliament and the European Commission;

5)Orders the Czech Republic to bear its own costs.

*

Language of the case: Dutch.

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