23.2.2013

Official Journal of the European Union

C 55/22

(Case T-574/12)

2013/C 55/40

Language of the case: Dutch

Parties

Applicants: Pesticide Action Network Europe (PAN Europe) (Brussels, Belgium) and Stichting Natuur en Milieu (Utrecht, Netherlands) (represented by: F. Martens, lawyer)

Defendant: European Commission

Form of order sought

The applicants claim that the General Court should:

—annul the defendant’s decision of 16 October 2012 whereby the claims of the applicants for review of Commission Regulation (EC) No 149/2008 of 29 January 2008 amending Regulation (EC) No 396/2005 of the European Parliament and of the Council by establishing Annexes II, III and IV setting maximum residue levels for products covered by Annex I thereto (OJ 2008 L 58, p. 1) were declared admissible but unfounded;

—order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

In support of their action, the applicants rely on a single plea in law, alleging infringement of Articles 11, 168, 169 and 191 TFEU, Articles 7, 35 and 38 of the Charter of Fundamental Rights of the European Union, Articles 1, 14(2), 22, 23, 24 and 25 of Regulation (EC) No 396/2005,(1) Articles 5 and 7 of Regulation (EC) No 178/2002(2) and of Articles 4 and 10 of Directive No 91/414/EEC.(3)

—The applicants dispute that the maximum residue levels (MRLs) were set at the lowest achievable level consistent with good agricultural practice.

—The applicants claim that the dossiers were not assessed in a thorough manner. The defendant takes the view in particular that Articles 22 to 25 of Regulation (EC) 396/2005 make no provision whatsoever for a procedure for an entire assessment of a complete dossier in the process for the initial setting of temporary MRLs.

—Furthermore, the cumulative exposure of consumers was not taken into account.

—Lastly, a large number of temporary MRLs exceeds health limits.

*

(1) Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ 2005 L 70, p. 1).

(2) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ 2002 L 31, p. 1).

(3) Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ 1991 L 230, p. 1).