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Document 62018TN0337
Case T-337/18: Action brought on 1st of June 2018 — Laboratoire Pareva v Commission
Case T-337/18: Action brought on 1st of June 2018 — Laboratoire Pareva v Commission
Case T-337/18: Action brought on 1st of June 2018 — Laboratoire Pareva v Commission
OJ C 285, 13.8.2018, p. 36–37
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
Case T-337/18: Action brought on 1st of June 2018 — Laboratoire Pareva v Commission
Action brought on 1st of June 2018 — Laboratoire Pareva v Commission
(Case T-337/18)
2018/C 285/52Language of the case: EnglishParties
Applicant: Laboratoire Pareva (Saint Martin de Crau, France) (represented by: K. Van Maldegem and S. Englebert, lawyers)
Defendant: European Commission
Form of order sought
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declare the application admissible and well-founded; |
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annul the European Commission’s Implementing Decision (EU) 2018/619 ( 1 ) of 20 April 2018 not approving PHMB (1415; 4.7) as an existing active substance for use in biocidal products of product-types 1, 5 and 6 under Regulation 528/2012 ( 2 ) (the ‘Contested Decision’); and |
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order the defendant to pay the costs of these proceedings. |
Pleas in law and main arguments
In support of the action, the applicant relies on three pleas in law.
The applicant submits that the Contested Decision was adopted by the defendant in violation of the Treaty on the Functioning of the European Union (‘'TFEU’'), the EU secondary legislation and the principles of EU law. Therefore, the applicant seeks annulment of the Contested Decision on the following three grounds:
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First plea in law, alleging substantive procedural errors:
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2. |
Second plea in law, alleging manifest errors of assessment:
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3. |
Third plea in law, alleging breach of fundamental principles of EU law and of the rights of defence:
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( 1 ) Commission Implementing Decision (EU) 2018/619 of 20 April 2018 not approving PHMB (1415; 4.7) as an existing active substance for use in biocidal products of product-types 1, 5 and 6 (OJ 2018, L 102, p. 21)
( 2 ) Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ 2012, L 167, p. 1)
( 3 ) Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ 2014, L 294, p. 1)