17.7.2023

Official Journal of the European Union

C 252/53

(Case T-222/23)

(2023/C 252/65)

Language of the case: English

Parties

Applicant: Arysta Lifescience (Noguères, France) (represented by: D. Abrahams, Z. Romata, H. Widemann and R. Spangenberg, lawyers)

Defendant: European Food Safety Authority (EFSA)

Form of order sought

The applicant claims that the Court should:

—annul EFSA’s decision dated 17 February 2023 (Ref. PAD 2022/175) ‘Notification of full disclosure of the list of co-formulants present in the formulation for representative uses Captan 80 WG relating to the renewal of the approval of the active substance Captan’;

—order EFSA to pay the costs of these proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, divided into two limbs: that, by its decision of full disclosure of the list of co-formulants present in the formulation for representative uses, EFSA committed an error of law and a manifest error of assessment.

—The applicant submits that the list of co-formulants that EFSA wishes to disclose — which relates to the representative product submitted for the active substance renewal dossier — pursuant to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 (1) is commercially sensitive and confidential information.

—The applicant further submits that disclosure by EFSA would breach Article 4(2), first indent, of Regulation No 1049/2001 of the European Parliament and of the Council of 30 May 2001, (2) and Article 6(1) of Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006. (3) It would also breach Article 63 of Regulation (EC) No 1107/2009.

(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).

(2) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).

(3) Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ 2006 L 264, p. 13).