Maud Tea & Seed and Fresh Produce Consortium of Kenya v. European Commission

T-247/23
May 10, 2023
Not judged
European Union, Luxembourg

Economic stakeholders
Maud Tea & Seed, Fresh Produce Consortium of Kenya
European Commission
No description

EU court
Neonicotinoid, Clothianidin, Thiamethoxam
Cancel regulation no. 2023/334 insofar as it lowers maximum residue limits for clothianidin and thiamethoxam in or on teas and fresh fruit and vegetables.
Court of Justice of the European Union of Luxembourg, European Union
No description

Maud Tea & Seed and Fresh Produce Consortium of Kenya, two Indian and Kenyan companies respectively, have brought an action before the Court of Justice of the European Union for the annulment, in whole or in part, of Regulation (EC) No 396/2005 of the European Parliament and of the Council of February 23, 2005 on maximum residue levels of clothianidin and thiamethoxam, two neonicotinoids, in or on food products of plant and animal origin. Neonicotinoids are banned in Europe, except by derogation. The action for annulment relates more specifically to the amendments to Annexes II and V of Regulation 396/2005, as enshrined in Regulation 2023/334 of February 2, 2023.

Maud Tea & Seed and Fresh Produce Consortium of Kenya argue that the Commission exceeded the limits of its territorial and material competence, violated the principles of public international law, and failed to respect the principles of proportionality, legal certainty and transparency.