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annul Article 1(3) of Commission Implementing Regulation (EU) 2019/446; (1)

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order the defendant to produce all relevant documents leading to the adoption of Regulation (EU) 2019/446.

1.

First plea in law, alleging that the Commission’s revocation of ‘Control Union Certifications’ (CUC) as an EU organic certifier appears arbitrary as it is based on false facts.

2.

Second plea in law, alleging that the applicant’s subjective right to be protected from the arbitrary revoking of Commission appointments of organic certifiers to run EU organic controls in third countries was violated. Its interest as a competitor in the organic market was not protected.

3.

Third plea in law, alleging that, with the revocation of CUC’s appointment as an EU organic certifier, the supply of organic products in decade-long trade relations are blocked and the applicant’s rights as importer have been directly affected. Such direct concern is established by the contested regulation as the applicant was the recipient, as importer, of certificates of inspection issued by CUC which enabled it to access the EU organic food and feed market. CUC is the organic certifier for the farms in the Black Sea region from which the applicant’s main supplier sources the organic products.

4.

Fourth plea in law, alleging that the Commission violated the applicant’s right to be subject only to proportionate interference with its business as well as the basic fundamental guarantee of its property and its freedom to engage in commerce.

5.

Fifth plea in law, referring to the applicant’s second head of claim, which seeks access to Commission documents, alleging that the applicant enjoys the general access rights granted under EU law and based on the guarantee of due process and the right to be heard as protected by relevant human rights instruments.