22.11.2021

EN

Official Journal of the European Union

C 471/53

(Case T-606/21)

(2021/C 471/75)

Language of the case: English

Parties

Applicant: TestBioTech eV (Munich, Germany) (represented by: K. Smith, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul the defendant’s decision of 8 July 2021, refusing to revoke or to amend the defendant’s implementing decision (EU) 2021/66 (1), by which Monsanto Europe SA has been permitted, under the GM Regulation (2), to market genetically modified soybean MON 87751 x MON 87701 x MON 87708 x MON 89788 and its sub-combinations in the EU;

—order any other measure deemed appropriate; and

—order the defendant to pay the costs.

Pleas in law and main arguments

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

1.First plea in law, alleging that the defendant committed a manifest error of assessment in failing to give any or any adequate consideration to the potential impact of gene stacking on gene expression in combination with herbicide applications and/or failed to require an adequate assessment under real-world conditions of repeated and/or high application of the two herbicides to which the modified soybean expresses tolerance.

2.Second plea in law, alleging that the defendant committed a manifest error of assessment in failing to give any or any adequate consideration to the potential for toxicity, immunogenicity and/or allergenicity in the modified soybean as a result of synergistic effects between the proteins it is genetically modified to express, naturally occurring protease inhibitors in soybeans, exposure to herbicide and/or herbicide residue in the harvest and/or failed to require animal feeding trials of the stack to be conducted.

* Language of the case: English.

(1) OJ 2021 L 26, p. 44.

(2) Regulation of the European Parliament and of the Council (EC) No 1829/2003 of 22 September 2003 on genetically modified food and feed (OJ 2003 L 268, p. 1).