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Case T-116/20: Judgment of the General Court of 29 September 2021 — Società agricola Vivai Maiorana and Others v Commission (Agriculture — Regulation (EU) 2016/2031 — Protective measures against pests of plants — List of Union regulated non-quarantine pests — Threshold above which the presence of a Union regulated non-quarantine pest on plants for planting has an unacceptable economic impact — Implementing Regulation (EU) 2019/2072 — Professional Associations — Action for annulment — Locus standi — Admissibility — Proportionality — Obligation to state reasons)
ECLI:EU:UNKNOWN:62020TA0116
62020TA0116
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22.11.2021
Official Journal of the European Union
C 471/45
(Case T-116/20) (<span class="oj-super oj-note-tag">1</span>)
(Agriculture - Regulation (EU) 2016/2031 - Protective measures against pests of plants - List of Union regulated non-quarantine pests - Threshold above which the presence of a Union regulated non-quarantine pest on plants for planting has an unacceptable economic impact - Implementing Regulation (EU) 2019/2072 - Professional Associations - Action for annulment - Locus standi - Admissibility - Proportionality - Obligation to state reasons)
(2021/C 471/63)
Language of the case: Italian
Parties
Applicants: Società agricola Vivai Maiorana Ss (Curinga, Italy), Confederazione Italiana Agricoltori — CIA (Rome, Italy), MIVA — Moltiplicatori Italiani Viticoli Associati (Faenza, Italy) (represented by: E.Scoccini and G. Scoccini, lawyers)
Defendant: European Commission (represented by: B. Eggers and F. Moro, acting as Agents)
Interveners in support of the defendant: Council of the European Union (represented by: S. Emmerechts, A. Vitro and S. Barbagallo, acting as Agents), European Parliament (represented by: L. Knudsen and G. Mendola, acting as Agents)
Re:
Application for the annulment of parts A, B, C, F, I and J of annex IV to Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2019/2019 (JO 2019, L 319, p. 1).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Società agricola Vivai Maiorana Ss, Confederazione Italiana Agricoltori — CIA and MIVA — Moltiplicatori Italiani Viticoli Associati to bear their own costs and to pay those incurred by the European Commission;
3.Orders the European Parliament and the Council of the European Union each to bear their own costs.
(<span class="oj-super">1</span>) OJ C 129, 20.4.2020.