Biofa AG Contre Commission européenne

T‑746/15
December 22, 2015
European Union, Luxembourg

Economic stakeholders
Biofa AG
European Commission
No description

EU court
VitiSan, Fungicide, Potassium hydrogenocarbonate
Annulment of the Commission's Implementing Regulation (EU) 2015/2069 approving the basic substance sodium hydrogen carbonate.
Court of Justice of Luxembourg, European Union

November 9, 2016
The action is dismissed as inadmissible.

The complainant, a company that produces and markets plant protection products for organic farming, holds a marketing authorisation for a potassium hydrogen carbonate fungicide, VitiSan. It seeks the annulment of Commission Implementing Regulation (EU) 2015/2069 approving the basic substance sodium hydrogen carbonate. The Court considers the action inadmissible because the contested Regulation does not have a direct effect on the applicant's legal situation, in that it is limited to allowing the use, for plant protection purposes, of a product different from that marketed by the applicant. The first plea of non-receipt raised by the Commission must be upheld and the action dismissed as inadmissible.