PAN Europe v Commission (Plant protection products - Active substance cypermethrin - Judgment (extracts) French Text [2024] EUECJ T-536/22 (21 February 2024)

PAN Europe v Commission (Plant protection products - Active substance cypermethrin - Judgment (extracts) French Text [2024] EUECJ T-536/22 (21 February 2024)

The General Court held that while the Commission has discretion as risk manager, it is bound by the precautionary principle and the substantive criteria of Regulation (EC) No 1107/2009. Where EFSA identifies critical areas of concern and recommends non-renewal, the Commission may only renew approval if it is...

Source-derived case information.

Citation
[2024] EUECJ T-536/22
Parties
Applicant: Pesticide Action Network Europe (PAN Europe); Respondent: Commission européenne
Jurisdiction
European Union
Procedural Posture
Annulment Action (article 263 Tfeu) / Judgment (first Instance, General Court, Fourth Chamber)
Outcome
Application granted; contested decision annulled.
Legal Topics
Plant Protection Products, Active Substance Approval, Internal Review Under Aarhus Regulation, Precautionary Principle, Risk Assessment and Management, Judicial Review, Standing of Ngos
EU Administrative Law Environmental Law EU Food Law Plant Protection Products Active Substance Approval Internal Review Under Aarhus Regulation Precautionary Principle Risk Assessment and Management +2 more

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Summary, issues, holding and outcome

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Parties

Pesticide Action Network Europe (PAN Europe)

Applicant

Commission européenne

Respondent

Procedural Posture

Annulment Action (article 263 Tfeu) / Judgment (first Instance, General Court, Fourth Chamber)

  1. 1 Whether the Commission breached the precautionary principle and its obligation to ensure a high level of protection of human health and the environment by renewing the approval of cypermethrin despite EFSA's identification of critical areas of concern.
  2. 2 Whether the Commission's decision to reject the internal review request was lawful under Regulation (EC) No 1367/2006 and Regulation (EC) No 1107/2009.
  3. 3 Scope of judicial review and admissibility of arguments not raised in the internal review request.

Ratio Decidendi

The General Court held that while the Commission has discretion as risk manager, it is bound by the precautionary principle and the substantive criteria of Regulation (EC) No 1107/2009. Where EFSA identifies critical areas of concern and recommends non-renewal, the Commission may only renew approval if it is demonstrated that risk mitigation measures ensure compliance with approval criteria. The Court found that the Commission did not sufficiently demonstrate that the imposed mitigation measures would address the identified risks, and thus breached its obligations under the precautionary principle and the relevant regulations. The decision rejecting the internal review request was annulled.

Court Disposition

Application granted; contested decision annulled.

Orders

  • The Commission's decision of 23 June 2022 rejecting the internal review request is annulled.
  • The Commission is ordered to pay the applicant's costs.