Official Journal of the European Union

Series C

C/2023/1147

(Case T-606/21) (*)

(Environment - Genetically modified products - Genetically modified soybean containing, consisting of or produced from MON 87751 × MON 87701 × MON 87708 × MON 89788 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/2023/1147)

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) 2021/66 of 22 January 2021 authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 87751 × MON 87701 × MON 87708 × MON 89788, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ 2021 L 26, p. 44).

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/2023/1147/oj

ISSN 1977-091X (electronic edition)