BRF and SHB Comercio e Industria de Alimentos v Commission (Public health - Specific rules for the organisation of official controls on products of animal origin intended for human consumption - Judgment) [2020] EUECJ T-429/18 (08 July 2020)

BRF and SHB Comercio e Industria de Alimentos v Commission (Public health - Specific rules for the organisation of official controls on products of animal origin intended for human consumption - Judgment) [2020] EUECJ T-429/18 (08 July 2020)

The Court held that the applicants had standing only in respect of their own establishments. The Commission's implementing regulation was of general application and did not confer or revoke individual rights. The obligation to state reasons was satisfied as the regulation explained the systemic failures of the Brazilian authorities and the risk to public health. The right to be heard did not apply as the measure was not individual. The Commission did not breach Article 12(2) and (4)(c) of Regulation No 854/2004, as the delisting was based on the unreliability of guarantees by the Brazilian authorities, not individual conduct. No procedural breach under Regulation No 182/2011 or Article...

Citation
[2020] EUECJ T-429/18
Parties
Applicant: BRF SA; Applicant: SHB Comércio e Indústria de Alimentos SA; Respondent: European Commission
Jurisdiction
European Union
Judgment Date
08 July 2020
Procedural Posture
Annulment Action (eu General Court) / Final Judgment
Outcome
Action dismissed
Legal Topics
Implementing Regulations, Import Controls, Procedural Rights, Standing to Sue, Obligation to State Reasons, Rights of Defence, Non Discrimination, Proportionality, Regulatory Acts
European Union Law Administrative Law Food Law International Trade Implementing Regulations Import Controls Procedural Rights Standing to Sue +5 more

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Parties

BRF SA

Applicant

SHB Comércio e Indústria de Alimentos SA

Applicant

European Commission

Respondent

Procedural Posture

Annulment Action (eu General Court) / Final Judgment

Legal Issues

  1. 1 Whether the Commission's Implementing Regulation removing certain Brazilian establishments from the list of authorised exporters to the EU was lawful
  2. 2 Whether the applicants had standing to challenge the regulation
  3. 3 Whether the Commission breached procedural requirements, the obligation to state reasons, or the applicants' rights of defence

Ratio Decidendi

The Court held that the applicants had standing only in respect of their own establishments. The Commission's implementing regulation was of general application and did not confer or revoke individual rights. The obligation to state reasons was satisfied as the regulation explained the systemic failures of the Brazilian authorities and the risk to public health. The right to be heard did not apply as the measure was not individual. The Commission did not breach Article 12(2) and (4)(c) of Regulation No 854/2004, as the delisting was based on the unreliability of guarantees by the Brazilian authorities, not individual conduct. No procedural breach under Regulation No 182/2011 or Article...

Court Disposition

Action dismissed

Orders

  • The action is dismissed.
  • Applicants to bear their own costs and those of the Commission.