Official Journal of the European Union

EN

C series

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C/2025/4316

(Case T-384/25)

(C/2025/4316)

Language of the case: English

Parties

Applicant: Pesticide Action Network Europe (PAN Europe) (Brussels, Belgium) (represented by: B. Kloostra, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul the Commission’s confirmatory decision Ares(2025)2657591, dated 2 April 2025, rejecting the applicant’s request for internal review regarding Commission Implementing Regulation (EU) 2024/2186 (<span class="oj-super oj-note-tag">1</span>) (‘the contested decision’);

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

Pleas in law and main arguments

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

1.First plea in law, alleging a violation of Article 17(3) TEU (in carrying out its responsibilities, the Commission shall be completely independent) and Articles 6(f) and 11(2) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council (<span class="oj-super oj-note-tag">2</span>).

2.Second plea in law, alleging a violation of Articles 1(3) and 4 of Regulation 1107/2009:

—a violation of Articles 1(3), 4 and 4(3)(b) of Regulation 1107/2009 where it concerns the ‘one chemical approach’;

—a violation of Articles 1(3), 4 and 4(2)(a) of Regulation 1107/2009 where it concerns cumulative effects;

—a violation of Articles 1(3), 4 and 4(2)(a) of Regulation 1107/2009 where it concerns synergistic effects.

3.Third plea in law, alleging a violation of Articles 4, 14(1) and 6 of Regulation 1107/2009 and of the obligation to state reasons, including:

—a manifest error of assessment and non-compliance with Articles 4(5), 14(1) and 6 of Regulation 1107/2009;

—a violation of Article 4 of Regulation 1107/2009 with regard to factual inaccurate information underlying the contested decision;

—a violation of Article 4, more specifically Article 4(5) of Regulation 1107/2009 as the contested decision is not based on the ‘current scientific and technical knowledge’;

—a violation of Articles 4(5) and 6(f) of Regulation 1107/2009 where it concerns the acceptance of data gaps in the contested decision.

4.Fourth plea in law, alleging a violation of Article 4(3)(e) and 4(1) of Regulation 1107/2009 with regard to risks to the environment.

5.Fifth plea in law, alleging a violation of Article 4(1), (2)(a) and (3) of Regulation 1107/2009 regarding pollution by metabolites.

6.Sixth plea in law, alleging a violation of Article 4, more specifically Article 4(1) and (3), and Article 12(1) of Regulation 1107/2009, in that recent scientific insights have been disregarded (arthropods).

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Commission Implementing Regulation (EU) 2024/2186 of 3 September 2024 renewing the approval of the active substance captan in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council, and amending Commission Implementing Regulation (EU) No 540/2011 (OJ L, 2024/2186).

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).

ELI: http://data.europa.eu/eli/C/2025/4316/oj

ISSN 1977-091X (electronic edition)

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