Action brought on 4 July 2014 — Sweden v Commission
(Case T-521/14)
Language of the case: Swedish
Parties
Applicant: Kingdom of Sweden (represented by: A. Falk and K. Sparrman, acting as Agents)
Defendant: European Commission
Form of order sought
Declare that the European Commission, by failing to adopt delegated acts to specify scientific criteria for the determination of endocrine-disrupting properties, has infringed 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;
Order the Commission to pay the costs of the action.
Pleas in law and main arguments
Under Article 5(3) of the Biocides Regulation, 1 the Commission is to adopt delegated acts to specify scientific criteria for the determination of endocrine-disrupting properties by 13 December 2013 at the latest. The applicant submits that, by failing to adopt such delegated acts, the Commission has failed to take measures which it is obliged by law to take. The applicant has requested the Commission to adopt delegated acts in accordance with Article 5(3) of the Biocides Regulation, but in the Commission’s reply, in the view of the applicant, no position was defined as regards that request within the meaning of the second paragraph of Article 265 TFEU. The applicant claims that, in addition, as at the time of the application, the Commission has not adopted any measures to end the alleged failure to act. In the view of the applicant, the Commission has a basis for specifying scientific criteria for the determination of endocrine-disrupting properties and an application of those criteria which, under the second and third subparagraphs of Article 5(3) of the Biocides Regulation, are to apply until the Commission has adopted delegated acts containing criteria for endocrine-disrupting substances.
________________________1 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 (OJ 2012 L 167, p. 1).