Judgment of the General Court of 26 September 2013 – Pioneer Hi-Bred International v Commission
(Case T-164/10) 1
(Approximation of laws – Deliberate release into the environment of genetically modified organisms – Authorisation procedure for placing on the market – Failure by the Commission to submit a draft decision to the Council – Action for failure to act)
Language of the case: English
Parties
Applicant: Pioneer Hi-Bred International, Inc. (Johnston, Iowa, United States) (represented by: J. Temple Lang, Solicitor, and T. Müller Ibold, lawyer)
Defendant: European Commission (represented by: L. Pignataro-Nolin, N. Yerrell and C. Zadra, acting as Agents)
Re:
Application for a declaration under Article 265 TFEU that, by failing to submit to the Council a draft of the measures to be taken in accordance with Article 5(4) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ 1999 L 184, p. 23) and by failing to take all other measures that may, depending on the development of the decision-making procedure, be necessary to ensure the adoption of the decision referred to in Article 18 of Directive 2001/18/EC of 12 March 2001 of the European Parliament and the Council on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ 2001 L 106, p. 1), the Commission has failed to fulfil its obligations under Article 18 of Directive 2001/18.
Operative part of the judgment
The Court:
Declares that the European Commission has failed to fulfil its obligations under Article 18 of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC by failing to submit to the Council a proposal relating to the measures to be taken pursuant to Article 5(4) of Council Decision of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission;
Orders the Commission to pay the costs.
________________________1 OJ C 161, 19.6.2010.