14.8.2023

Official Journal of the European Union

C 286/28

(Case T-247/23)

(2023/C 286/38)

Language of the case: English

Parties

Applicants: Maud Tea & Seed Co. Ltd (Kolkata, India), Fresh Produce Consortium of Kenya Ltd (Nairobi, Kenya) (represented by: D. Waelbroeck and I. Antypas, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

—declare the application admissible and well founded;

—annul the Contested Regulation (1) in its entirety, or alternatively, to annul the Contested Regulation in so far as it lowers the maximum residue level for clothianidin and thiamethoxam in or on teas and fresh fruit and vegetables;

—order the Commission to pay all costs and expenses.

Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.

1.First plea in law, alleging that the Contested Regulation constitutes an exercise of extraterritorial jurisdiction by the Commission which exceeds the powers delegated to the Commission under the MRL Regulation (2) and infringes upon the EU Treaties as well as general rules of public international law.

2.Second plea in law, alleging that the Contested Regulation manifestly exceeds the subject matter scope of the powers delegated to the Commission under the MRL Regulation; subsidiarily, if the MRL Regulation is found to be a sufficient legal basis for the Contested Regulation, the MRL Regulation itself is ultra vires as it exceeds the permissible scope of delegated powers under the EU Treaties.

3.Third plea in law, alleging that the Contested Regulation violates several provisions of the MRL Regulation.

4.Fourth plea in law, alleging that the Contested Regulation violates the principle of proportionality.

5.Fifth plea in law, alleging that the Contested Regulation violates the principles of legal certainty and transparency.

* Commission Regulation (EU) 2023/334 of 2 February 2023 amending Annexes II and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for clothianidin and thiamethoxam in or on certain products, OJ 2023, L 47, p. 29.

* 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).