Judgment of the General Court of 16 December 2015 — Sweden v Commission
(Case T-521/14) 1
(Regulation (EU) No 528/2012 — Biocidal products — Action for failure to act — Specification of the scientific criteria for the determination of endocrine-disrupting properties — Failure by the Commission to adopt delegated acts — Duty to act)
Language of the case: Swedish
Parties
Applicant: Kingdom of Sweden (represented by: A. Falk, K. Sparrman and L. Swedenborg, acting as Agents)
Defendant: European Commission (represented by: D. Kukovec, acting as Agent, and M. Johansson, lawyer)
Interveners in support of the form of order sought by the applicant: Kingdom of Denmark (represented by: C. Thorning and N. Lyshøj, acting as Agents); French Republic (represented by: D. Colas and S. Ghiandoni, acting as Agents); Kingdom of the Netherlands (represented initially by: M. Bulterman and M. Noort, and subsequently by: M. Bulterman and C. Schillemans, acting as Agents); Republic of Finland (represented by: H. Leppo, acting as Agent); European Parliament (represented by: A. Neergaard and P. Schonard, acting as Agents) and Council of the European Union (represented by: M. Moore and A. Norberg, acting as Agents)
Re:
Application for a declaration that the Commission unlawfully failed to adopt delegated acts concerning the scientific criteria for the determination of endocrine-disrupting properties.
Operative part of the judgment
The Court:
Declares that the European Commission, by failing to adopt delegated acts to specify scientific criteria for the determination of endocrine-disrupting properties, has failed to fulfil its obligations under the first subparagraph of Article 5(3) of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products;
Orders the Commission to bear its own costs and to pay the costs incurred by the Kingdom of Sweden;
Orders the Kingdom of Denmark, the French Republic, the Kingdom of the Netherlands, the Republic of Finland, the European Parliament and the Council of the European Union to bear their own costs.
____________1 OJ C 431, 1.12.2014.