The General Court of the European Union on Wednesday 27 January annulled the implementing decision (2017/1442) of the European Commission establishing conclusions on best available techniques (BAT) under directive (2010/75/EU) for large combustion plants (Case T-699/17).
Presented in July 2017, this implementing decision required installations with a thermal capacity of at least 50 megawatts, irrespective of the type of fuel used (coal-fired power plants, district heating plants), to use BAT to comply with the new emission limit values imposed by EU legislation for nitrogen oxides (NOx), sulphur dioxide (SO2), fine particulate matter and mercury (see EUROPE 11840/6).
The General Court, seised by Poland (supported by Bulgaria and Hungary), welcomes the plea that the contested decision should have been adopted in accordance with the rules of qualified majority in the Council of the EU of the Treaty of Nice.
The effects of the annulled implementing decision shall be maintained until the entry into force, within a period not exceeding 12 months from the date of this judgment, of a new act replacing it and adopted in accordance with the rules of the Treaty of Nice.
See the judgment: http://bit.ly/3a6VUA9 (MB)