Provisional text
Order of the General Court (Third Chamber) of 27 April 2016 —
European Union Copper Task Force v Commission
(Case T‑310/15)
Action for annulment — Plant-protection products — Implementing Regulation (EU) 2015/408 — Establishment of a list of candidates for substitution — Inclusion of copper compounds on that list — Lack of individual concern — Regulatory measure comprising implementing measures — Inadmissible
1. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Commission regulation identifying an active substance as a candidate for substitution pursuant to Regulation No 1107/2009 — Action by an association of producers of the substance in question — Admissibility — Conditions (Art. 263, fourth para., TFEU; European Parliament and Council Regulation No 1107/2009, Art. 80(7), and Annex II, point 4; Commission Regulation No 2015/408, second recital and Art. 1; Council Directive 91/414, Annex I) (see paras 19-32)
2. Actions for annulment — Natural or legal persons — Concept of a regulatory act — Any act of general scope other than legislative acts — Commission regulation identifying an active substance as a candidate for substitution pursuant to Regulation No 1107/2009 — Included (Arts 263, fourth para., TFEU and 289(1) to (3) TFEU; European Parliament and Council Regulation No 1107/2009, Arts 78(3), and 79(2); Commission Regulation No 2015/408; Council Decision 1999/468, Arts 3 and 7) (see paras 34-36)
3. Actions for annulment — Natural or legal persons — Regulatory acts — Acts not comprising implementing measures and concerning the applicant directly — Concept of implementing measures — Criteria — Commission regulation identifying an active substance as a candidate for substitution pursuant to Regulation No 1107/2009 — Effects produced through the intermediary of measures taken by the national authorities — Acts constituting implementing measures (Art. 263, fourth para., TFEU; European Parliament and Council Regulation No 1107/2009, Arts 20(1), 24(1), 36(2), 41(2)(b), 43(1), 44(3), 45(1), and 50(1) and (4); Commission Regulation No 2015/408) (see paras 37, 44, 47, 48, 50, 51)
4. Fundamental rights — Right to effective judicial protection — Review of legality of EU measures — Procedures — Protection of that right by the EU judicature or by the national courts according to the legal nature of the contested measure — Possibility of using an annulment action or reference for a preliminary ruling on validity (Art. 19(1) TEU; Arts 263 TFEU, 267 TFEU and 277 TFEU; Charter of Fundamental Rights of the European Union, Arts 47 and 51(1)) (see paras 53-59)
Re:
| ACTION for partial annulment of Commission Implementing Regulation (EU) 2015/408 of 11 March 2015 on implementing Article 80(7) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and establishing a list of candidates for substitution (OJ 2015 L 67, p. 18). |
Operative part
1. | | The action is dismissed as inadmissible. |
2. | | There is no need to rule on the applications for leave to intervene submitted by the Parliament and the Council. |
3. | | European Union Copper Task Force is ordered to pay the costs. |