Judgment of the General Court of 17 January 2024 – Troy Chemical Company and Troy v Commission
(Case T-297/21) 1
(Biocidal products – Treated articles – Active substance carbendazim – Regulation (EU) No 528/2012 – Directive 98/8/EC – Implementing Regulation (EU) 2021/348 – Approval – Duration of approval – Principle of non-discrimination – Legitimate expectations – Error of law – Manifest error of assessment – Precautionary principle – Transitional rules)
Language of the case: English
Parties
Applicants: Troy Chemical Company BV (Delft, Netherlands), Troy Corp. (Florham Park, New Jersey, United States) (represented by: D. Abrahams and Z. Romata, lawyers)
Defendant: European Commission (represented by: M. Farley and R. Lindenthal, acting as Agents)
Interveners in support of the defendant: French Republic (represented by: G. Bain, acting as Agent), European Chemicals Agency (represented by: M. Heikkilä, C. Buchanan and T. Zbihlej, acting as Agents)
Re:
By their action under Article 263 TFEU, the applicants, Troy Chemical Company BV and Troy Corp., seek annulment of Commission Implementing Regulation (EU) 2021/348 of 25 February 2021 approving carbendazim as an existing active substance for use in biocidal products of product types 7 and 10 (OJ 2021 L 68, p. 174).
Operative part of the judgment
The Court:
Dismisses the action;
Orders Troy Chemical Company BV and Troy Corp. to bear their own costs and to pay those incurred by the European Commission, including those relating to the interlocutory proceedings registered under number T 297/21 R;
Orders the French Republic and the European Chemicals Agency (ECHA) to each bear their own costs.
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1 OJ C 289, 19.7.2021.