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Case T-755/18: Order of the General Court of 20 August 2020 — FL Brüterei M-V and Others v Commission (Action for annulment and for damages — Organic farming — Livestock production — Exceptional production rules applicable in case of non-availability of organic farm inputs — Use of non-organic animals — Extension of the period of application of the exceptional production rules — Lack of direct concern — No sufficiently serious breach of a rule of law conferring rights on individuals — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62018TB0755
62018TB0755
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Valentina R., lawyer
3.11.2020
Official Journal of the European Union
C 371/10
(Case T-755/18) (<span class="oj-super oj-note-tag">1</span>)
(Action for annulment and for damages - Organic farming - Livestock production - Exceptional production rules applicable in case of non-availability of organic farm inputs - Use of non-organic animals - Extension of the period of application of the exceptional production rules - Lack of direct concern - No sufficiently serious breach of a rule of law conferring rights on individuals - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
(2020/C 371/09)
Language of the case: German
Parties
Applicants: FL Brüterei M-V GmbH (Finkenthal, Germany), Erdegut GmbH (Finkenthal), Ökofarm Groß Markow GmbH (Lelkendorf, Germany) (represented by: H. Schmidt, lawyer)
Defendant: European Commission (represented by: A. Dawes, B. Eggers and B. Hofstötter, acting as Agents)
Re:
In the first place, application under Article 263 TFEU seeking annulment of Article 1(4) of Commission Implementing Regulation (EU) 2018/1584 of 22 October 2018 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (OJ 2018 L 264, p. 1), and, in the second place, application under Article 268 TFEU seeking compensation for, first, the harm allegedly suffered by the applicants as a result of the adoption of that article and, second, the harm allegedly suffered by FL Brüterei M-V as a result of the Commission’s failure to ensure compliance by the Dutch authorities with Article 42 of Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (OJ 2008 L 250, p. 1).
Operative part of the order
1.The action is dismissed.
2.FL Brüterei M-V GmbH, Erdegut GmbH and Ökofarm Groß Markow GmbH shall pay the costs.
(<span class="oj-super">1</span>) OJ C 93, 11.3.2019.