Comunicazioni sulla GU nº T-560/17 of Tribunal General de la Unión Europea, October 13, 2017
Resolution Date | October 13, 2017 |
Issuing Organization | Tribunal General de la Unión Europea |
Decision Number | T-560/17 |
Ricorso proposto il 16 agosto 2017 - Fortischem / Parlamento e Consiglio
(Causa T-560/17)
Lingua processuale: l'inglese
Parti
Ricorrente: Fortischem a.s. (Nováky, Slovacchia) (rappresentanti: C. Arhold, P. Hodál e M. Staroň, lawyers)
Convenuti: Parlamento europeo, Consiglio dell’Unione europea
Conclusioni
La ricorrente chiede che il Tribunale voglia:
annullare la lettera d), parte I, dell’allegato III del regolamento (UE) 2017/852 del Parlamento europeo e del Consiglio, del 17 maggio 2017, sul mercurio, che abroga il regolamento (CE) n. 1102/20081 e
condannare i convenuti alle spese del procedimento.
Motivi e principali argomenti
A sostegno del ricorso, la ricorrente deduce tre motivi.
Primo motivo, vertente sulla domanda di annullamento della disposizione impugnata in quanto violerebbe il principio del legittimo affidamento privando i gestori del sito di produzione con celle a mercurio della possibilità di ricevere una proroga per adeguarsi alle migliori tecniche disponibili in caso siano soddisfatti i requisiti ai sensi della direttiva 2010/75/UE del Parlamento europeo e del Consiglio, del 24 novembre 2010, relativa alle emissioni industriali (prevenzione e riduzione integrate dell’inquinamento).
Secondo motivo, vertente sull’annullamento della disposizione impugnata che asseritamente viola il principio di proporzionalità in quanto (i) impone un termine tassativo alla fine della produzione della produzione con celle a mercurio con largo anticipo rispetto al termine derivante dal regolamento internazionale applicabile sul mercurio, senza neanche prevedere la possibilità di ottenere proroghe o deroghe in casi specifici, (ii) introduce una normativa che è inidonea a produrre rilevanti benefici...
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