Action brought on 10 December 2018 — AMVAC Netherlands v EFSA

(Case T-720/18)

(2019/C 65/52)

Language of the case: English

Parties

Applicant: AMVAC Netherlands BV (Amsterdam, Netherlands) (represented by: C. Mereu, M. Grunchard and S. Englebert, lawyers)

Defendant: European Food Safety Authority (EFSA)

Form of order sought

The applicant claims that the Court should:

—	annul the EFSA decision of 1 October 2018, notified to the applicant on 2 October 2018, on the assessment of the confidentiality claims made in relation to the application for renewal of the approval process for Ethoprophos as an active substance;

—	order the defendant to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

1.

First plea in law, alleging ultra vires — The applicant submits that the documents to be published as a result of the contested decision should be published in sanitised form only because the defendant has undertaken an activity (proposal of a classification of substance) which is expressly outside its remit of powers.

2.	Second plea in law, alleging the breach of fundamental principles of EU law — The applicant submits that the contested decision results from a procedure during which its rights of defence have not been respected.

3.

Third plea in law, alleging the infringement of Article 63 of Regulation 1107/2009 (1) — The applicant submits that part of the documents to be published as a result of the contested decision contains information that results from a flawed and partial assessment, and their publication would undermine the commercial interests of the applicant.

---

(1)  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ 2009 L 309, p. 1)