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Document 62020TA0742
Case T-742/20: Judgment of the General Court of 15 February 2023 — UPL Europe and Indofil Industries (Netherlands) v Commission (Plant protection products — Active substance mancozeb — Non-renewal of approval — Regulation (EC) No 1107/2009 and Implementing Regulation (EU) No 844/2012 — Procedure for assessing the application for renewal of approval of an active substance — Designation of a new rapporteur Member State due to the withdrawal of the previous rapporteur Member State from the European Union — Rights of the defence — Principle of sound administration — Manifest error of assessment — Procedure for harmonised classification and labelling — Regulation (EC) No 1272/2008 — Legitimate expectations)
Case T-742/20: Judgment of the General Court of 15 February 2023 — UPL Europe and Indofil Industries (Netherlands) v Commission (Plant protection products — Active substance mancozeb — Non-renewal of approval — Regulation (EC) No 1107/2009 and Implementing Regulation (EU) No 844/2012 — Procedure for assessing the application for renewal of approval of an active substance — Designation of a new rapporteur Member State due to the withdrawal of the previous rapporteur Member State from the European Union — Rights of the defence — Principle of sound administration — Manifest error of assessment — Procedure for harmonised classification and labelling — Regulation (EC) No 1272/2008 — Legitimate expectations)
Case T-742/20: Judgment of the General Court of 15 February 2023 — UPL Europe and Indofil Industries (Netherlands) v Commission (Plant protection products — Active substance mancozeb — Non-renewal of approval — Regulation (EC) No 1107/2009 and Implementing Regulation (EU) No 844/2012 — Procedure for assessing the application for renewal of approval of an active substance — Designation of a new rapporteur Member State due to the withdrawal of the previous rapporteur Member State from the European Union — Rights of the defence — Principle of sound administration — Manifest error of assessment — Procedure for harmonised classification and labelling — Regulation (EC) No 1272/2008 — Legitimate expectations)
OJ C 127, 11.4.2023, p. 31–32
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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11.4.2023 |
EN |
Official Journal of the European Union |
C 127/31 |
Judgment of the General Court of 15 February 2023 — UPL Europe and Indofil Industries (Netherlands) v Commission
(Case T-742/20) (1)
(Plant protection products - Active substance mancozeb - Non-renewal of approval - Regulation (EC) No 1107/2009 and Implementing Regulation (EU) No 844/2012 - Procedure for assessing the application for renewal of approval of an active substance - Designation of a new rapporteur Member State due to the withdrawal of the previous rapporteur Member State from the European Union - Rights of the defence - Principle of sound administration - Manifest error of assessment - Procedure for harmonised classification and labelling - Regulation (EC) No 1272/2008 - Legitimate expectations)
(2023/C 127/38)
Language of the case: English
Parties
Applicants: UPL Europe Ltd (Warrington, United Kingdom), Indofil Industries (Netherlands) BV (Amsterdam, Netherlands) (represented by: C. Mereu and P. Sellar, lawyers)
Defendant: European Commission (represented by: A. Dawes, G. Koleva and F. Castilla Contreras, acting as Agents)
Re:
By their action under Article 263 TFEU, the applicants seek annulment of Commission Implementing Regulation (EU) 2020/2087 of 14 December 2020 concerning the non-renewal of approval of the active substance mancozeb, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (OJ 2020 L 423, p. 50).
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders UPL Europe Ltd and Indofil Industries (Netherlands) BV to bear their own costs and to pay those incurred by the European Commission in the present action; |
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3. |
Orders Indofil Industries (Netherlands) to bear its own costs and to pay those incurred by the Commission in the proceedings for interim measures. |