25.11.2019 |
EN |
Official Journal of the European Union |
C 399/72 |
Action brought on 10 September 2019 – UPL Europe and Aceto Agricultural Chemical v Commission
(Case T-612/19)
(2019/C 399/90)
Language of the case: English
Parties
Applicants: UPL Europe Ltd (Warrington Cheshire, United Kingdom) and Aceto Agricultural Chemical Corp. Ltd (Port Washington, United States) (represented by: C. Mereu and P. Sellar, lawyers)
Defendant: European Commission
Form of order sought
The applicants claim that the Court should:
— |
annul Commission Implementing Regulation (EU) 2019/989 of 17 June 2019; (1) |
— |
order the defendant to pay the costs. |
Pleas in law and main arguments
In support of the action, the applicants rely on four pleas in law.
1. |
First plea in law, alleging that the contested Regulation was adopted further to manifest errors of assessment. |
2. |
Second plea in law, alleging that the contested Regulation results from a procedure during which the applicants’ rights of defence have not been respected. |
3. |
Third plea in law, alleging that the contested Regulation was adopted in breach of the principle of proportionality. |
4. |
Fourth plea in law, alleging that the contested Regulation was adopted in breach of the precautionary principle. |
(1) Commission Implementing Regulation (EU) 2019/989 of 17 June 2019 concerning the non-renewal of the approval of the active substance chlorpropham, 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 2019 L 160, p. 11).