Appeal brought on 14 December 2023 by European Crop Care Association (ECCA) against the judgment of the General Court (Seventh Chamber, Extended Composition) delivered on 4 October 2023 in Case T-77/20, Ascenza Agro and Industrias Afrasa v Commission

(Case C-773/23 P)

Language of the case: English

Parties

Appellant: European Crop Care Association (ECCA) (represented by: S. Pappas and A. Pappas, avocats)

Other parties to the proceedings: Ascenza Agro, SA, Industrias Afrasa, SA, European Commission, Kingdom of Denmark, French Republic and Health and Environment Alliance (HEAL)

Form of order sought

The appellant claims that the Court should:

Set aside the judgment under appeal;

After setting aside the appealed judgment, annul the contested regulation; and

Order the European Commission to pay its own costs and the costs of the appellant in the present proceedings and the proceedings before the General Court.

Pleas in law and main arguments

The appellants request the Court of Justice to review and set aside the judgment under appeal, based on four grounds.

First, that the General Court infringed Regulation (EC) No 1107/2009¹ by upholding the use of the read-across and weight of evidence approach regardless of the lack of legal basis for such application;

Second, that the General Court infringed article 296 TFEU;

Third, that the General Court infringed the applicable procedural requirements;

Fourth, that the contested judgment infringes the read-across method and contains contradictory reasoning.

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¹ Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ 2009, L 309, p.1).