Action brought on 8 December 2023 – PAN Europe v Commission
(Case T-1148/23)
Language of the case: French
Parties
Applicant: Pesticide Action Network Europe (PAN Europe) (Brussels, Belgium) (represented by: A. Bailleux, lawyer)
Defendant: European Commission
Form of order sought
The applicant claims that the General Court should:
declare the present action admissible and well-founded;
annul the Commission’s decision of 3 October 2023, communicated to the applicant in the French version thereof on 10 October 2023, rejecting an application for internal review of Commission Implementing Regulation (EU) 2023/574 1 of 13 March 2023 setting out detailed rules for the identification of unacceptable co-formulants in plant protection products in accordance with Regulation (EC) No 1107/2009 2 of the European Parliament and of the Council;
order the Commission to pay the costs of the proceedings.
Pleas in law and main arguments
In support of its action, the applicant relies on a single plea in law, alleging infringement, by the contested decision (and by the aforementioned implementing regulation), of the principle of legal certainty and of Article 4(3)(b), Article 4(5), Article 27(1), (3) and (5), and Article 29(1)(e) and (f) of Regulation (EC) No 1107/2009.
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1 Commission Implementing Regulation (EU) 2023/574 of 13 March 2023 setting out detailed rules for the identification of unacceptable co-formulants in plant protection products in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council (OJ 2023 L 75, p. 7).
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).