By its judgement of 27 January 2020, the General Court annulled the Commission Implementing Decision (EU) 2017/1442 of 31 July 2017 establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for large combustion plants.

The judgement was rendered following an application for the annulment of the BAT Conclusions for LCP, filed by the Republic of Poland.

Simultaneously, the judgement orders that the BAT Conclusions for LCP be maintained until the entry into force of a new act intended to replace them. The said act shall be adopted within a period which cannot exceed 12 months from the date of delivery of the judgment.

As a result, until new BAT Conclusions for LCP are adopted, the current BAT Conclusions for LCP shall be applicable to the determination of the provisions of permits for the operation of large combustion plants, though not beyond the 12-month period following the delivery of the judgement. It must be borne in mind that the period within which the compliance of installations with the requirements laid down in the BAT Conclusions for LCP must be ensured is 17 August 2021.Therefore, the operators must adjust its installations to meet the requirements laid down in the current BAT Conclusions.

At the same time, if the relevant act replacing the BAT Conclusions for LCP is not adopted within 12 months of the delivery of the judgement, the requirements laid down in the Conclusions shall not apply after the lapse of this term.

The judgement, having been rendered by the General Court acting as a first instance court, is subject to a right of appeal to the Court of Justice on points of law only.

You are encouraged to contact us with regard to any questions related to the influence of the judgement on your IPPC permits issued based on the BAT Conclusions or to the pending proceedings in such cases.