# C_2016314EN.01001501.xml

| 29.8.2016 | EN | Official Journal of the European Union | C 314/15 |
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29.8.2016

EN

Official Journal of the European Union

C 314/15

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Appeal brought on 11 July 2016 by European Union Copper Task Force against the order of the General Court (Third Chamber) delivered on 27 April 2016 in Case T-310/15: European Union Copper Task Force v European Commission

(Case C-384/16 P)

(2016/C 314/21)

Language of the case: English

Parties

Parties

Appellant: European Union Copper Task Force (represented by: C. Fernández Vicién, I. Moreno-Tapia Rivas, C. Vila Gisbert, abogadas)

Appellant:

Other party to the proceedings: European Commission

Other party to the proceedings:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the Order of the Third Chamber of the General Court of the European Union of 27 April 2016 in Case T-310/15, European Union Copper Task Force v. European Commission. |
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Annul the Order of the Third Chamber of the General Court of the European Union of 27 April 2016 in Case T-310/15, European Union Copper Task Force v. European Commission.

| — | Declare the admissibility of the action for annulment lodged by the European Copper Task Force against the Commission Implementing Regulation (EU) 2015/408. |
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Declare the admissibility of the action for annulment lodged by the European Copper Task Force against the Commission Implementing Regulation (EU) 2015/408.

| — | Refer the case back to the General Court of the European Union for judgment. |
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Refer the case back to the General Court of the European Union for judgment.

| — | Order the European Commission to pay the costs generated by these proceedings. |
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Order the European Commission to pay the costs generated by these proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

| 1. | The General Court committed an error of law by considering that Implementing Regulation 2015/408 (1) is a regulatory act that entails implementing measures within the meaning of the fourth paragraph of Article 263 TFEU. |
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1.

The General Court committed an error of law by considering that Implementing Regulation 2015/408 (1) is a regulatory act that entails implementing measures within the meaning of the fourth paragraph of Article 263 TFEU.

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| 2. | The General Court committed an error of law by considering that the dismissal of the EUCuTF’s action would not impair its right and its members’ right to effective judicial protection. |
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2.

The General Court committed an error of law by considering that the dismissal of the EUCuTF’s action would not impair its right and its members’ right to effective judicial protection.

| 3. | The General Court committed an error of law by considering that the EUCuTF and its members were not individually affected by Implementing Regulation 2015/408. |
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3.

The General Court committed an error of law by considering that the EUCuTF and its members were not individually affected by Implementing Regulation 2015/408.

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(1)  Commission Implementing Regulation (EU) 2015/408 of 11 March 2015 on implementing Article 80(7) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and establishing a list of candidates for substitution. OJ L 67, p. 18

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