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6.5.2019 |
EN |
Official Journal of the European Union |
C 155/3 |
Judgment of the Court (Sixth Chamber) of 13 March 2019 — Republic of Poland v European Parliament, Council of the European Union
(Case C-128/17) (1)
(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:
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1. |
Dismisses the action; |
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2. |
Orders the Republic of Poland to pay the costs incurred by the European Parliament and the Council of the European Union; |
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3. |
Orders Hungary, Romania and the European Commission to bear their own respective costs. |