Judgment of the General Court (First Chamber) of 13 October 2021 –European Union Copper Task Force v Commission (Case T‑153/19)
Grade B
mapped from publisher markup. A grade says how a document's structure was obtained, not how reliable the law is.
Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62019TJ0153_INF@2021-10-13/en
1. Action for annulmentLocus standiLegal personsConceptPossession of legal personality in accordance with national law or recognition by EU institutions as an independent legal entity (Art. 263 TFEU) (see paras 35, 36, 38)
2. Action for annulmentNatural or legal personsConcept of regulatory act within the meaning of the fourth paragraph of Article 263 TFEUAny measure of general application other than legislative actsCommission Regulation renewing approval of an active substance as a candidate for substitution in accordance with Regulation No 1107/2009IncludedAct not entailing implementing measures within the meaning of that provision of the Treaty (Arts 263, fourth para. and 289(1) to (3) TFEU; European Parliament and Council Regulation No 1107/2009, Arts 20(1) and 79(3); Commission Regulations Nos 2018/1981 and 2015/408; Council Decision 1999/468, Arts 5 and 7) (see paras 46, 47, 51-53)
3. Action for annulmentNatural or legal personsMeasures of direct and individual concern to themWhether directly concernedCriteriaCommission Regulation renewing approval of an active substance as a candidate for substitution in accordance with Regulation No 1107/2009Action brought by an association of producers of the substance at issueAdmissibility (Art. 263, fourth para., TFEU; European Parliament and Council Regulation No 1107/2009, Art. 32; Commission Regulations Nos 2018/1981 and 2015/408) (see paras 55-59)
4. AgricultureApproximation of lawsPlacing of plant protection products on the marketRegulation No 1107/2009Renewal of approval of an active substance as a candidate for substitution in accordance with Regulation No 1107/2009Discretion of the EU authoritiesScopeJudicial reviewLimits (European Parliament and Council Regulation No 1107/2009; Commission Regulation 2018/1981) (see paras 64-67, 75)
5. AgricultureApproximation of lawsPlacing of plant protection products on the marketRegulation No 1107/2009Active substances which are candidates for substitutionCriteriaPersistent, bio-accumulative and toxic substancesApplication of those criteria to inorganic substancesNo manifest error of assessmentNo obligation to harmonise the regulatory framework applicable to the same substanceNo infringement of the precautionary principle (European Parliament and Council Regulations No 1107/2009, Art. 24 and Annex II, and No 1272/2008) (see paras 76, 77, 91, 96, 102, 106, 107, 124, 126, 127)
6. AgricultureApproximation of lawsPlacing of plant protection products on the marketRegulation No 1107/2009Renewal of approval of an active substance as a candidate for substitution in accordance with Regulation No 1107/2009CriteriaPersistent, bio-accumulative and toxic substancesApplication of those criteria to inorganic substancesNo breach of principle of proportionality (European Parliament and Council Regulation No 1107/2009, Art. 1(3) and (4); Commission Regulation 2018/1981) (see paras 110, 135, 136)
Re: Application under Article 263 TFEU for annulment of Commission Implementing Regulation (EU) 2018/1981 of 13 December 2018 renewing the approval of the active substances copper compounds, as candidates for substitution, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (OJ 2018 L 317, p. 16). Operative part The Court:
1. Dismisses the action;
2. Orders European Union Copper Task Force to bear its own costs and to pay those incurred by the European Commission;
3. Orders the European Parliament and the Council of the European Union to bear their own costs.