Judgment of the General Court (First Chamber) of 13 October 2021 –
European Union Copper Task Force v Commission
(Case T‑153/19)
(Plant protection products – Active substance ‘copper compounds’ – Renewal of approval for placing on the market – Candidates for substitution – Action for annulment – Admissibility – Associations – Proportionality – Precautionary principle – Manifest error of assessment – Expert’s report)
1. Action for annulment – Locus standi – Legal persons – Concept – Possession of legal personality in accordance with national law or recognition by EU institutions as an independent legal entity
(Art. 263 TFEU)
(see paras 35, 36, 38)
2. Action for annulment – Natural or legal persons – Concept of ‘regulatory act’ within the meaning of the fourth paragraph of Article 263 TFEU – Any measure of general application other than legislative acts – Commission Regulation renewing approval of an active substance as a candidate for substitution in accordance with Regulation No 1107/2009 – Included – Act not entailing implementing measures within the meaning of that provision of the Treaty
(Arts 263, fourth para. and 289(1) to (3) TFEU; European Parliament and Council Regulation No 1107/2009, Arts 20(1) and 79(3); Commission Regulations Nos 2018/1981 and 2015/408; Council Decision 1999/468, Arts 5 and 7)
(see paras 46, 47, 51-53)
3. Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Whether directly concerned – Criteria – Commission Regulation renewing approval of an active substance as a candidate for substitution in accordance with Regulation No 1107/2009 – Action brought by an association of producers of the substance at issue – Admissibility
(Art. 263, fourth para., TFEU; European Parliament and Council Regulation No 1107/2009, Art. 32; Commission Regulations Nos 2018/1981 and 2015/408)
(see paras 55-59)
4. Agriculture – Approximation of laws – Placing of plant protection products on the market – Regulation No 1107/2009 – Renewal of approval of an active substance as a candidate for substitution in accordance with Regulation No 1107/2009 – Discretion of the EU authorities – Scope – Judicial review – Limits
(European Parliament and Council Regulation No 1107/2009; Commission Regulation 2018/1981)
(see paras 64-67, 75)
5. Agriculture – Approximation of laws – Placing of plant protection products on the market – Regulation No 1107/2009 – Active substances which are candidates for substitution – Criteria – Persistent, bio-accumulative and toxic substances – Application of those criteria to inorganic substances – No manifest error of assessment – No obligation to harmonise the regulatory framework applicable to the same substance – No infringement of the precautionary principle
(European Parliament and Council Regulations No 1107/2009, Art. 24 and Annex II, and No 1272/2008)
(see paras 76, 77, 91, 96, 102, 106, 107, 124, 126, 127)
6. Agriculture – Approximation of laws – Placing of plant protection products on the market – Regulation No 1107/2009 – Renewal of approval of an active substance as a candidate for substitution in accordance with Regulation No 1107/2009 – Criteria – Persistent, bio-accumulative and toxic substances – Application of those criteria to inorganic substances – No breach of principle of proportionality
(European Parliament and Council Regulation No 1107/2009, Art. 1(3) and (4); Commission Regulation 2018/1981)
(see paras 110, 135, 136)
Re:
Application under Article 263 TFEU for annulment of Commission Implementing Regulation (EU) 2018/1981 of 13 December 2018 renewing the approval of the active substances copper compounds, as candidates for substitution, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (OJ 2018 L 317, p. 16).
Operative part
The Court:
2. | | Orders European Union Copper Task Force to bear its own costs and to pay those incurred by the European Commission; |
3. | | Orders the European Parliament and the Council of the European Union to bear their own costs. |