Дело T-***/**: *****************, Съдебно решение от **.**.2021 г.

Текст

... (EU) No 540/2011 – Assessment procedure – Rights of the defence – Proposed classification of an active substance – Legal certainty – Proportionality – Precautionary principle)

In Case T‑518/19,

Sipcam Oxon SpA, established in Milan (Italy), represented by C. Mereu and P. Sellar, lawyers,

applicant,

v

European Commission, represented by F. Castilla Contreras, A. Dawes and I. Naglis, acting as Agents,

defendant,

APPLICATION under Article 263 TFEU seeking annulment of Commission Implementing Regulation (EU) 2019/677 of 29 April 2019 concerning the non-renewal of the approval of the active substance chlorothalonil, 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 Commission Implementing Regulation (EU) No 540/2011 (OJ 2019 L 114, p. 15).

THE GENERAL COURT (Fifth Chamber),

composed of D. Spielmann, President, O. Spineanu-Matei and R. Mastroianni (Rapporteur), Judges,

Registrar: S. Jund, Administrator,

having regard to the written part of the procedure and further to the hearing on 28 April 2021,

gives the following

Judgment

Background to the dispute

1. Chlorothalonil is an active substance used, inter alia, as a fungicide for cereals, potatoes and vegetables.

2. The applicant, Sipcam Oxon SpA, is a company which markets, inter alia, chlorothalonil and plant protection products containing chlorothalonil in the European Union. Together with two other companies, the applicant is part of the ‘Chlorothalonil Task Force’, which cooperates in order to submit relevant data to the competent EU authorities for the renewal of the approval ...