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Case T-740/18: Judgment of the General Court of 9 February 2022 — Taminco and Arysta LifeScience Great Britain v Commission (Plant protection products — Active substance thiram — Non-renewal of approval — Regulation No 1107/2009 and Implementing Regulation No 844/2012 — Rights of the defence — Procedural irregularity — Manifest error of assessment — Competence of EFSA — Proportionality — Precautionary principle — Equal treatment)

ECLI:EU:UNKNOWN:62018TA0740

62018TA0740

February 9, 2022
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21.3.2022

Official Journal of the European Union

C 128/16

(Case T-740/18) (1)

(Plant protection products - Active substance thiram - Non-renewal of approval - Regulation No 1107/2009 and Implementing Regulation No 844/2012 - Rights of the defence - Procedural irregularity - Manifest error of assessment - Competence of EFSA - Proportionality - Precautionary principle - Equal treatment)

(2022/C 128/21)

Language of the case: English

Parties

Applicants: Taminco BVBA (Ghent, Belgium), Arysta LifeScience Great Britain Ltd (Edinburgh, United Kingdom) (represented by: C. Mereu and M. Grunchard, lawyers)

Defendant: European Commission (represented by: G. Koleva, acting as Agent)

Re:

APPLICATION under Article 263 TFEU for annulment of Commission Implementing Regulation (EU) 2018/1500 of 9 October 2018 concerning the non-renewal of approval of the active substance thiram, and prohibiting the use and sale of seeds treated with plant protection products containing thiram, 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 Commission Implementing Regulation (EU) No 540/2011 (OJ 2018 L 254, p. 1).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Taminco BVBA and Arysta LifeScience Great Britain Ltd to bear their own costs and those incurred by the European Commission in the context of the present action;

3.Orders Taminco to bear its own costs and those incurred by the Commission in the context of the proceedings for interim measures.

(1) OJ C 72, 25.2.2019.

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