28.10.2019

EN

Official Journal of the European Union

C 363/19

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(Case T-534/19)

(2019/C 363/27)

Language of the case: English

Parties

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

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul the Commission’s decision of 20 May 2019, refusing to revoke or amend Commission Implementing Decision 2018/2046 of 19 December 2018; (1)

—order the defendant to pay the costs.

Pleas in law and main arguments

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

1.First plea in law, alleging an error of law in that the Commission conducted its assessment of the maize in question in accordance with Commission Regulation (EC) No 641/2004. (2)

2.Second plea in law, alleging manifest errors of scientific assessment.

3.Third plea in law, alleging that the Commission unlawfully failed to request an event-specific post-marketing monitoring plan.

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(1) Commission Implementing Decision (EU) 2018/2046 of 19 December 2018 authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × 1507 × MON 88017 × 59122, and genetically modified maize combining two, three or four of the single events MON 87427, MON 89034, 1507, MON 88017 and 59122 and repealing Decision 2011/366/EU (notified under document C (2018) 8238) (OJ 2018 L 327, p. 70).

(2) Commission Regulation (EC) No 641/2004 of 6 April 2004 on detailed rules for the implementation of Regulation (EC) No 1829/2003 of the European Parliament and of the Council as regards the application for the authorisation of new genetically modified food and feed, the notification of existing products and adventitious or technically unavoidable presence of genetically modified material which has benefited from a favourable risk evaluation (OJ 2004 L 102, p. 14).