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declare the application admissible and well-founded;

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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’);

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order the defendant to pay the costs of the proceedings.

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’.