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Case T-742/20: Judgment of the General Court of 15 February 2023 — UPL Europe and Indofil Industries (Netherlands) v Commission (Plant protection products — Active substance mancozeb — Non-renewal of approval — Regulation (EC) No 1107/2009 and Implementing Regulation (EU) No 844/2012 — Procedure for assessing the application for renewal of approval of an active substance — Designation of a new rapporteur Member State due to the withdrawal of the previous rapporteur Member State from the European Union — Rights of the defence — Principle of sound administration — Manifest error of assessment — Procedure for harmonised classification and labelling — Regulation (EC) No 1272/2008 — Legitimate expectations)

ECLI:EU:UNKNOWN:62020TA0742

62020TA0742

February 15, 2023
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Official Journal of the European Union

C 127/31

(Case T-742/20) (*)

(Plant protection products - Active substance mancozeb - Non-renewal of approval - Regulation (EC) No 1107/2009 and Implementing Regulation (EU) No 844/2012 - Procedure for assessing the application for renewal of approval of an active substance - Designation of a new rapporteur Member State due to the withdrawal of the previous rapporteur Member State from the European Union - Rights of the defence - Principle of sound administration - Manifest error of assessment - Procedure for harmonised classification and labelling - Regulation (EC) No 1272/2008 - Legitimate expectations)

(2023/C 127/38)

Language of the case: English

Parties

Applicants: UPL Europe Ltd (Warrington, United Kingdom), Indofil Industries (Netherlands) BV (Amsterdam, Netherlands) (represented by: C. Mereu and P. Sellar, lawyers)

Defendant: European Commission (represented by: A. Dawes, G. Koleva and F. Castilla Contreras, acting as Agents)

Re:

By their action under Article 263 TFEU, the applicants seek annulment of Commission Implementing Regulation (EU) 2020/2087 of 14 December 2020 concerning the non-renewal of approval of the active substance mancozeb, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (OJ 2020 L 423, p. 50).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders UPL Europe Ltd and Indofil Industries (Netherlands) BV to bear their own costs and to pay those incurred by the European Commission in the present action;

3.Orders Indofil Industries (Netherlands) to bear its own costs and to pay those incurred by the Commission in the proceedings for interim measures.

(*) Language of the case: English.

ECLI:EU:C:2023:140

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