Appeal brought on 12 February 2026 by Industrieverband Agrar eV against the judgment of the General Court (Sixth Chamber) delivered on 3 December 2025 in Case T-536/23, AlzChem Trostberg v Commission

(Case C-89/26 P)

(C/2026/2505)

Language of the case: English

Parties

Appellant: Industrieverband Agrar eV (represented by: H.-G. Kamann, P. Gey and F. Boos, Rechtsanwälte)

Other parties to the proceedings: European Commission, AlzChem Trostberg GmbH, Federal Republic of Germany, Republic of Lithuania, European Chemicals Agency

Form of order sought

The appellant claims that the Court should:

—	set aside the judgment under appeal;

—	declare the appellant’s arguments and pleas submitted in the statement of intervention before the General Court admissible;

—	annul Commission Implementing Decision (EU) 2023/1097 (1);

—	in the alternative, refer the case back to the General Court for it to give judgment on the merits; and

—	order the European Commission to pay the costs.

Pleas in law and main arguments

The appellant relies on three grounds of appeal.

First, the General Court infringed Article 40(4) of the Statute of the Court of Justice, Articles 142(1) and 145(2)(b) of the Rules of Procedure of the General Court, Article 263(2) TFEU and Article 47 of the Charter by erroneously holding that the appellant’s arguments and pleas were not related to the subject matter of the dispute and dismissing the appellant’s arguments and pleas as inadmissible.

Second, the General Court infringed Article 41(2)(a) of the Charter and, in the alternative, the third subparagraph of Article 90(2) of 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 (2) by erroneously concluding that AlzChem’s right to be heard, including AlzChem’s right to complement the dossier by providing additional information, had not been infringed during the approval procedure.

Third, the General Court misinterpreted and misapplied the principle of proportionality under Article 52(1) of the Charter and Article 5(4) TEU by concluding that AlzChem had not established that the adoption of Commission Implementing Decision (EU) 2023/1097 of 5 June 2023 infringed the principle of proportionality.

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(1)  Commission Implementing Decision (EU) 2023/1097 of 5 June 2023 not approving cyanamide as an existing active substance for use in biocidal products of product-types 3 and 18 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ 2023 L 146, p. 27).

(2)   OJ 2012 L 167, p.1.