Taminco BVBA V. Commision européenne

No description
Final judgment
European Union

Economic stakeholders
Taminco BVBA, Arysta LifeScience Great Britain Ltd
European Commission
G. Koleva

EU court
Annul Commission Implementing Regulation (EU) 2018/1500 of 9 October 2018 concerning the non-renewal of the approval of the active substance thiram, and prohibiting the use and sale of seeds treated with plant protection products containing thiram
European Union Tribunal, European Union

February 9, 2022
The action is dismissed. Taminco BVBA and Arysta LifeScience Great Britain Ltd shall pay their own costs and those incurred by the European Commission in the present action. Taminco shall pay its own costs and pay those incurred by the Commission in the proceedings for interim relief.

In support of their action, the applicants put forward, in substance, six pleas in law. In the context of the first three pleas in law, they allege that the contested implementing regulation is vitiated by a formal defect and manifest errors of assessment resulting in a breach of Article 4(5) of Regulation No 1107/2009, in that the Commission failed to take into account the fact that the applicants had withdrawn their application for renewal of the approval of Thiram for foliar spray use and maintained their application only for seed treatment use. The fourth plea alleges misuse of powers in that EFSA classified thiram as a carcinogen. The fifth plea alleges infringement of the rights of the defence. The sixth plea alleges infringement of the precautionary principle, the principle of proportionality and the principle of equal treatment.