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Case T-201/18: Order of the General Court of 28 October 2021 — Diusa Rendering and Assograssi v Commission (Public health — Rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies — Ban on exporting organic fertilisers and soil improvers derived from Category 2 material — Failure by the Commission to initiate the procedure for re-examining the ban — Action for failure to act — Proposal of draft measures putting an end to the failure to act — No need to adjudicate)
ECLI:EU:UNKNOWN:62018TB0201
62018TB0201
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Official Journal of the European Union
C 513/26
(Case T-201/18) (<span class="oj-super oj-note-tag">1</span>)
(Public health - Rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies - Ban on exporting organic fertilisers and soil improvers derived from Category 2 material - Failure by the Commission to initiate the procedure for re-examining the ban - Action for failure to act - Proposal of draft measures putting an end to the failure to act - No need to adjudicate)
(2021/C 513/39)
Language of the case: Italian
Parties
Applicants: Diusa Rendering Srl (Piacenza, Italy) and Assograssi — Associazione Nazionale Produttori Grassi e Proteine Animali (Buccinasco, Italy) (represented by: M. Moretto, lawyer)
Defendant: European Commission (represented by: D. Bianchi, W. Farrell and B. Eggers, acting as Agents)
Re:
Application under Article 265 TFEU seeking a finding that the Commission unlawfully failed to initiate the procedure provided for in Article 5a of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ 1999 L 184, p. 23) so as to re-examine the ban on exporting organic fertilisers and soil improvers derived from Category 2 material laid down by Article 43(3) of Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ 2009 L 300, p. 1).
Operative part of the order
1.There is no need to adjudicate on this action.
2.The European Commission shall bear its own costs and pay those incurred by Diusa Rendering Srl and Assograssi — Associazione Nazionale Produttori Grassi e Proteine Animali.
(<span class="oj-super">1</span>) OJ C 166, 14.5.2018.