Judgment of the General Court of 21 February 2024 – PAN Europe v Commission
(Case T-536/22) 1
(Plant protection products – Active substance cypermethrin – Implementing Regulation (EU) 2021/2049 – Request for internal review – Article 10(1) of Regulation (EC) No 1367/2006 – Rejection of the request – Identification of critical areas of concern by EFSA – Risk assessment and risk management – Precautionary principle – Discretion enjoyed by the Commission)
Language of the case: French
Parties
Applicant: Pesticide Action Network Europe (Brussels, Belgium) (represented by: A. Bailleux, lawyer)
Defendant: European Commission (represented by: A. Becker, G. Gattinara and M. ter Haar, acting as Agents)
Re:
By its action based on Article 263 TFEU, the applicant seeks the annulment of the European Commission’s decision of 23 June 2022 by which the latter rejected the request for internal review made by PAN Europe in accordance with Article 10 of Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ 2006 L 264, p. 13), in respect of Commission Implementing Regulation (EU) 2021/2049 of 24 November 2021 renewing the approval of the active substance cypermethrin as a candidate 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 2021 L 420, p. 6).
Operative part of the judgment
The Court:
Dismisses the action;
Orders Pesticide Action Network Europe (PAN Europe) to pay the costs.
____________
1 OJ C 408, 24.10.2022.