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Document 62019CJ0313
Judgment of the Court (First Chamber) of 28 October 2020.
Associazione Nazionale GranoSalus - Liberi Cerealicoltori & Consumatori (Associazione GranoSalus) v European Commission.
Appeal – Placing of plant protection products on the market – Regulation (EC) No 1107/2009 – Renewal of the approval of the active substance glyphosate – Implementing Regulation (EU) 2017/2324 – Action for annulment brought by an association – Admissibility – Article 263, fourth paragraph, TFEU – Regulatory act not entailing implementing measures – Person directly concerned.
Case C-313/19 P.
Judgment of the Court (First Chamber) of 28 October 2020.
Associazione Nazionale GranoSalus - Liberi Cerealicoltori & Consumatori (Associazione GranoSalus) v European Commission.
Appeal – Placing of plant protection products on the market – Regulation (EC) No 1107/2009 – Renewal of the approval of the active substance glyphosate – Implementing Regulation (EU) 2017/2324 – Action for annulment brought by an association – Admissibility – Article 263, fourth paragraph, TFEU – Regulatory act not entailing implementing measures – Person directly concerned.
Case C-313/19 P.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:C:2020:869
Judgment of the Court (First Chamber) of 28 October 2020 – Associazione GranoSalus v Commission
(Case C‑313/19 P) ( 1 )
(Appeal – Placing of plant protection products on the market – Regulation (EC) No 1107/2009 – Renewal of the approval of the active substance glyphosate – Implementing Regulation (EU) 2017/2324 – Action for annulment brought by an association – Admissibility – Article 263, fourth paragraph, TFEU – Regulatory act not entailing implementing measures – Person directly concerned)
1. |
Action for annulment – Natural or legal persons – Regulatory acts entailing implementing measures – Concept – Criteria for assessment (Art. 263, fourth para., TFEU) (see paras 28, 31-33, 37, 38) |
2. |
Action for annulment – Natural or legal persons – Regulatory acts – Acts not entailing implementing measures and concerning the applicant directly – Concept of implementing measures – Criteria – Commission decision declaring an aid scheme incompatible with the internal market – Effects produced through the intermediary of measures taken by the national authorities – Acts constituting implementing measures in respect of the beneficiaries of the scheme, but not in respect of competing undertakings (Arts 107(1) and 263, fourth para., TFEU) (see paras 39-42) |
3. |
Appeal – Grounds – Grounds of a judgment vitiated by an infringement of EU law – Operative part well founded for other legal reasons – Rejection (see para. 44) |
4. |
Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Action brought by a trade association set up to protect and represent its members – Admissibility – Conditions (Art. 263, fourth para., TFEU) (see para. 46) |
5. |
Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Whether directly concerned – Criteria – Commission Regulation renewing the approval of an active substance under Regulation 1107/2009 – Appeal by an association made up of wheat producers and consumers and their protection associations responsible for defending the collective interests of its members – Not directly concerned – Inadmissibility (Art. 263, fourth para., TFEU; Regulation No 1107/2009 of the European Parliament and of the Council; Commission Regulations No 540/2011 and 2017/2324; Council Directive 91/414, Annex I) (see paras 51, 53, 54, 56-58) |
6. |
Fundamental rights – Right to effective judicial protection – Review of legality of EU measures – Procedures – Protection of that right by the EU judicature or by the national courts according to the legal nature of the contested measure – Possibility of using an annulment action or reference for a preliminary ruling on validity (Art. 263, fourth para., TFEU; Charter of Fundamental Rights of the European Union, Art. 47); (see paras 61, 62) |
Operative part
The Court:
1. |
Dismisses the appeal; |
2. |
Orders Associazione Nazionale GranoSalus – Liberi Cerealicoltori & Consumatori to bear its own costs and to pay those incurred by the European Commission. |
( 1 ) OJ C 270, 12.8.2019.