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annul Commission Implementing Regulation (EU) 2018/1500 of 9 October 2018 concerning the non-renewal of approval of the active substance Thiram, and prohibiting the use and sale of seeds treated with plant protection products containing Thiram, (1) and remand the assessment of the active substance in question to the European Food Safety Authority (EFSA) and the defendant, as needed;

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order the prolongation of the expiry of the approval of the active substance in question to allow its reassessment;

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in the alternative, partially annul the contested regulation to the extent that it prohibits the renewal of the active substance in question with regard to seed treatment; and

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order the defendant to pay all the costs.

1.

First plea in law, alleging that the contested regulation is procedurally flawed since the defendant failed to take into account the withdrawal of the application requested by the applicants to renew the approval of Thiram for use as a foliar spray and maintain only the seed treatment use.

2.

Second plea in law, alleging that the contested regulation was adopted further to a manifest error of assessment.

3.

Third plea in law, alleging that the contested regulation was adopted in violation of Article 4(5) of Regulation (EC) No 1107/2009. (2)

4.

Fourth plea in law, alleging that the defendant acted ultra vires by making a proposal regarding the classification of the active substance in question.

5.

Fifth plea in law, alleging that the contested regulation results from a procedure during which the applicants’ rights of defence have not been respected.

6.

Sixth plea in law, alleging that the contested regulation was adopted in breach of the precautionary principle and of the fundamental principles of European Union law of proportionality and equal treatment.