This document is an excerpt from the EUR-Lex website
Document 62020TA0745
Case T-745/20: Judgment of the General Court of 31 January 2024 — Symphony Environmental Technologies and Symphony Environmental v Parliament and Others (Non-contractual liability — Environment — Directive (EU) 2019/904 — Prohibition on the placing on the market of products made from oxo-degradable plastic — Sufficiently serious breach of a rule of law intended to confer rights on individuals — No distinction between products made from oxo-degradable plastic and products made from oxo-biodegradable plastic — Impact assessment — Equal treatment — Proportionality)
Case T-745/20: Judgment of the General Court of 31 January 2024 — Symphony Environmental Technologies and Symphony Environmental v Parliament and Others (Non-contractual liability — Environment — Directive (EU) 2019/904 — Prohibition on the placing on the market of products made from oxo-degradable plastic — Sufficiently serious breach of a rule of law intended to confer rights on individuals — No distinction between products made from oxo-degradable plastic and products made from oxo-biodegradable plastic — Impact assessment — Equal treatment — Proportionality)
Case T-745/20: Judgment of the General Court of 31 January 2024 — Symphony Environmental Technologies and Symphony Environmental v Parliament and Others (Non-contractual liability — Environment — Directive (EU) 2019/904 — Prohibition on the placing on the market of products made from oxo-degradable plastic — Sufficiently serious breach of a rule of law intended to confer rights on individuals — No distinction between products made from oxo-degradable plastic and products made from oxo-biodegradable plastic — Impact assessment — Equal treatment — Proportionality)
OJ C, C/2024/2146, 25.3.2024, ELI: http://data.europa.eu/eli/C/2024/2146/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
Official Journal |
EN Series C |
C/2024/2146 |
25.3.2024 |
Judgment of the General Court of 31 January 2024 — Symphony Environmental Technologies and Symphony Environmental v Parliament and Others
(Case T-745/20) (1)
(Non-contractual liability - Environment - Directive (EU) 2019/904 - Prohibition on the placing on the market of products made from oxo-degradable plastic - Sufficiently serious breach of a rule of law intended to confer rights on individuals - No distinction between products made from oxo-degradable plastic and products made from oxo-biodegradable plastic - Impact assessment - Equal treatment - Proportionality)
(C/2024/2146)
Language of the case: English
Parties
Applicants: Symphony Environmental Technologies plc (Borehamwood, United Kingdom), Symphony Environmental Ltd (Borehamwood) (represented by: P. Selley, Solicitor, J. Holmes King’s Counsel, and J. Williams, Barrister-at-law)
Defendants: European Parliament (represented by: L. Visaggio, C. Ionescu Dima and W. Kuzmienko, Agents), Council of the European Union (represented by: A. Maceroni and M. Moore, Agents), European Commission (represented by: R. Lindenthal and L. Haasbeek Agents)
Re:
By their action based on Article 268 TFEU, the applicants seek compensation for the damage that they claim to have suffered as a result of the adoption of Article 5 and recital 15 of Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment (OJ 2019 L 155, p. 1), in so far as the prohibition on the placing on the market of products made from oxo-degradable plastic laid down in Article 5 and recital 15 applies to oxo-biodegradable plastic.
Operative part of the judgment
The Court:
1. |
Dismisses the action;; |
2. |
Orders Symphony Environmental Technologies plc and Symphony Environmental Ltd to pay the costs. |
ELI: http://data.europa.eu/eli/C/2024/2146/oj
ISSN 1977-091X (electronic edition)