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Case T-605/21: Judgment of the General Court of 18 October 2023 — TestBioTech v Commission (Environment — Genetically modified products — Genetically modified maize containing, consisting of or produced from MON 87427 × MON 87460 × MON 89034 × MIR162 × NK603 and its subcombinations — Rejection of an application for internal review of an authorisation for placing on the market — Manifest error of assessment — Article 10 of Regulation (EC) No 1367/2006 — Articles 4 to 6 and 16 to 18 of Regulation (EC) No 1829/2003 — Article 5 of Implementing Regulation (EU) No 503/2013)
ECLI:EU:UNKNOWN:62021TA0605
62021TA0605
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Official Journal of the European Union
Series C
C/2023/1146
(Case T-605/21) (*)
(Environment - Genetically modified products - Genetically modified maize containing, consisting of or produced from MON 87427 × MON 87460 × MON 89034 × MIR162 × NK603 and its subcombinations - Rejection of an application for internal review of an authorisation for placing on the market - Manifest error of assessment - Article 10 of Regulation (EC) No 1367/2006 - Articles 4 to 6 and 16 to 18 of Regulation (EC) No 1829/2003 - Article 5 of Implementing Regulation (EU) No 503/2013)
(C/2023/1146)
Language of the case: English
Parties
Applicant: TestBioTech eV (Munich, Germany) (represented by: K. Smith, Barrister)
Defendant: European Commission (represented by: I. Galindo Martín and F. Castilla Contreras, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of the decision of the European Commission of 8 July 2021 rejecting the grounds set out in its request for internal review made pursuant to Article 10(1) of Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ 2006 L 264, p. 13), against Commission Implementing Decision (EU) 2021/61 of 22 January 2021 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize MON 87427 × MON 87460 × MON 89034 × MIR162 × NK603 and genetically modified maize combining two, three or four of the single events MON 87427, MON 87460, MON 89034, MIR162 and NK603, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ 2021 L 26, p. 12).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders TestBioTech eV to bear its own costs and to pay those incurred by the European Commission.
*
(*) Language of the case: English.
ELI: http://data.europa.eu/eli/C/2023/1146/oj
ISSN 1977-091X (electronic edition)