This document is an excerpt from the EUR-Lex website
Document 62022CJ0259
Judgment of the Court (Eighth Chamber) of 22 June 2023.
Arysta LifeScience Great Britain Ltd v European Commission.
Appeal – Plant protection products – Active substance – Regulation (EC) No 1107/2009 – Article 4(5) – Article 14(1) – Article 20(1) – Implementing Regulation (EU) No 844/2012 – Article 12(3) – Article 14(1) – Non-renewal of the approval of the active substance thiram for the purpose of placing it on the market – Rights of the defence – Precautionary principle – Equal treatment.
Case C-259/22 P.
Judgment of the Court (Eighth Chamber) of 22 June 2023.
Arysta LifeScience Great Britain Ltd v European Commission.
Appeal – Plant protection products – Active substance – Regulation (EC) No 1107/2009 – Article 4(5) – Article 14(1) – Article 20(1) – Implementing Regulation (EU) No 844/2012 – Article 12(3) – Article 14(1) – Non-renewal of the approval of the active substance thiram for the purpose of placing it on the market – Rights of the defence – Precautionary principle – Equal treatment.
Case C-259/22 P.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:C:2023:513
Judgment of the Court (Eighth Chamber) of 22 June 2023 –
Arysta LifeScience Great Britain v Commission
(Case C‑259/22 P) ( 1 )
(Appeal – Plant protection products – Active substance – Regulation (EC) No 1107/2009 – Article 4(5) – Article 14(1) – Article 20(1) – Implementing Regulation (EU) No 844/2012 – Article 12(3) – Article 14(1) – Non-renewal of the approval of the active substance thiram for the purpose of placing it on the market – Rights of the defence – Precautionary principle – Equal treatment)
1. |
Agriculture – Approximation of laws – Placing of plant protection products on the market – Regulation No 1107/2009 – Renewal of approval – Discretion of the Commission – Judicial review – Scope (European Parliament and Council Regulation No 1107/2009) (see paragraphs 45, 46) |
2. |
Acts of the institutions – Implementing regulation refusing the renewal of the approval of thiram, prohibiting the use and sale of seeds treated with plant protection products containing thiram – Measure of general application – Obligation to allow the persons affected to participate – None – Express provision of the relevant legal framework – Right to be heard – Scope (Charter of Fundamental Rights of the European Union, Art. 41; European Parliament and Council Regulation No 1107/2009, Art. 17, first para; Commission Regulation No 844/2012, Arts 12(3) and 14(1), third para.) (see paragraphs 51, 53-56) |
3. |
Agriculture – Approximation of laws – Placing of plant protection products on the market – Regulation No 1107/2009 – Renewal of approval – Assessment of risks – Obligation for the Commission to take account of the partial withdrawal of the application for renewal which occurred after the risk assessment process – None (European Parliament and Council Regulation No 1107/2009; Commission Regulation No 540/2011) (see paragraphs 66-69, 96) |
4. |
Agriculture – Approximation of laws – Placing of plant protection products on the market – Regulation No 1107/2009 – Approval of an active substance – Burden of proof on the applicant – Applicability in the context of a procedure for the renewal of the approval of an active substance (European Parliament and Council Regulation No 1107/2009, Arts 4, 7(1), 14(1) and 15(2)) (see paragraphs 72, 73) |
5. |
Agriculture – Approximation of laws – Placing of plant protection products on the market – Regulation No 1107/2009 – Renewal of approval – Assessment of risks – Obligation for the Commission to carry out an analysis of the costs and benefits of renewal – None (European Parliament and Council Regulation No 1107/2009, Arts 4, 14(1) and 20(1)) (see paragraphs 128, 130-133) |
Operative part
The Court:
1. |
Dismisses the appeal; |
2. |
Orders Arysta LifeScience Great Britain Ltd to pay the costs. |
( 1 ) OJ C 222, 7.6.2022.