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Case T-653/21: Order of the General Court of 20 October 2022 — Callaway v Commission (Action for annulment — Common agricultural policy — Common catalogue of varieties of agricultural plant species — Plant varieties — Producer of the hemp variety Finola — Areas cultivated in Poland — Hemp varieties eligible for financial support under the common agricultural policy — Tetrahydrocannabinol (THC) content — Authorisation given to Poland to prohibit the marketing of the Finola variety in its territory — Not directly concerned — Inadmissibility)
ECLI:EU:UNKNOWN:62021TB0653
62021TB0653
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Official Journal of the European Union
C 463/46
(Case T-653/21) (*)
(Action for annulment - Common agricultural policy - Common catalogue of varieties of agricultural plant species - Plant varieties - Producer of the hemp variety Finola - Areas cultivated in Poland - Hemp varieties eligible for financial support under the common agricultural policy - Tetrahydrocannabinol (THC) content - Authorisation given to Poland to prohibit the marketing of the Finola variety in its territory - Not directly concerned - Inadmissibility)
(2022/C 463/67)
Language of the case: English
Parties
Applicant: James C. Callaway (Kuopio, Finland) (represented by: P. Hoffman, lawyer)
Defendant: European Commission (represented by: A. Becker and F. Castilla Contreras, acting as Agents)
Re:
By his action under Article 263 TFEU, the applicant, James C. Callaway, seeks the annulment of Commission Implementing Decision (EU) 2021/1214 of 22 July 2021 authorising Poland to prohibit the marketing on its territory of the hemp variety Finola pursuant to Council Directive 2002/53/EC (OJ 2021 L 265, p. 1) (‘the contested decision’). He also raises, under Article 277 TFEU, pleas of illegality in respect of Article 32(6) of Regulation No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes falling within the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ 2013 L 347, p. 608), as well as Article 9(5) of Commission Delegated Regulation (EU) No 639/2014 of 11 March 2014 supplementing Regulation No 1307/2013 and amending Annex X to that Regulation (OJ 2014 L 181, p. 1).
Operative part of the order
1.The action is dismissed as inadmissible.
2.There is no need to adjudicate on the applications for leave to intervene of the Council of the European Union, the European Parliament and the Republic of Poland.
3.James C. Callaway shall bear his own costs and pay those incurred by the European Commission.
4.The Council, the Parliament and the Republic of Poland shall bear their own costs in relation to the applications for leave to intervene.
(*)
Language of the case: English.
ECLI:EU:C:2022:463
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