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Case T-61/25: Action brought on 28 January 2025 – Sumitomo Chemical Agro Europe v ECHA
ECLI:EU:UNKNOWN:62025TN0061
62025TN0061
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Official Journal of the European Union
EN
C series
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C/2025/1460
10.3.2025
(Case T-61/25)
(C/2025/1460)
Language of the case: English
Parties
Applicant: Sumitomo Chemical Agro Europe SAS (Saint-Didier-au-Mont-d’Or, France) (represented by: K. Van Maldegem and M. Grunchard, lawyers)
Defendant: European Chemicals Agency
Form of order sought
The applicant claims that the Court should:
—declare the application admissible and well-founded;
—annul the Decision of 26 November 2024 of the Board of Appeal of the European Chemicals Agency in Case A-010-2023 (‘the contested decision’);
—order the defendant to pay the costs of the proceedings.
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
1.First plea in law, alleging the unlawful interpretation and application of Article 54 of Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products (1) by artificially narrowing its application to the limited scenarios and failing to consider other scenarios - such as of the applicant’s - which would also require a technical equivalence check.
2.Second plea in law, alleging the failure to take sufficient account of the defendant’s ‘Recommendation for applicants on information requirements and assessment of applications for technical equivalence of active micro-organisms’.
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Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ 2012 L 167, p. 1).
ELI: http://data.europa.eu/eli/C/2025/1460/oj
ISSN 1977-091X (electronic edition)
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