Binca Seafoods v Commission (Agriculture and Fisheries - Judgment) French Text [2019] EUECJ T-94/15RENV (12 July 2019)

Binca Seafoods v Commission (Agriculture and Fisheries - Judgment) French Text [2019] EUECJ T-94/15RENV (12 July 2019)

The applicant's situation is not comparable to those covered by the regulation, as hormone use is incompatible with organic principles and consumer expectations. The regulation's distinction between methods is objectively justified. No breach of equality, freedom of enterprise, or interinstitutional obligations...

Source-derived case information.

Citation
[2019] EUECJ T-94/15RENV
Parties
Applicant: Binca Seafoods GmbH; Respondent: Commission européenne
Jurisdiction
European Union
Procedural Posture
Annulment Proceedings / Final Judgment
Outcome
application dismissed
Legal Topics
Organic Aquaculture Regulation, Equality of Treatment, Freedom of Enterprise, Interinstitutional Obligations, Use of Hormones in Aquaculture
European Union Law Agriculture Law Administrative Law Organic Aquaculture Regulation Equality of Treatment Freedom of Enterprise Interinstitutional Obligations Use of Hormones in Aquaculture

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Summary, issues, holding and outcome

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Parties

Binca Seafoods GmbH

Applicant

Commission européenne

Respondent

Procedural Posture

Annulment Proceedings / Final Judgment

  1. 1 Whether the regulation violates the principle of equality of treatment by not extending the transitional period for hormone use in aquaculture.
  2. 2 Whether the regulation violates the freedom of enterprise by restricting methods of production.
  3. 3 Whether the Commission breached interinstitutional obligations by not prolonging transitional measures.

Ratio Decidendi

The applicant's situation is not comparable to those covered by the regulation, as hormone use is incompatible with organic principles and consumer expectations. The regulation's distinction between methods is objectively justified. No breach of equality, freedom of enterprise, or interinstitutional obligations occurred.

Court Disposition

application dismissed

Orders

  • application for annulment rejected
  • applicant to bear costs