# C_2021009EN.01002402.xml

| 11.1.2021 | EN | Official Journal of the European Union | C 9/24 |
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11.1.2021

EN

Official Journal of the European Union

C 9/24

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Action brought on 9 October 2020 — CNMSE and Others v Parliament and Council

(Case T-633/20)

(2021/C 9/36)

Language of the case: French

Parties

Applicants: Coordination nationale médicale santé — environnement (CNMSE) (Paris, France) and five other applicants (represented by: G. Tumerelle, lawyer)

Defendants: European Parliament and Council of the European Union

Form of order sought

The applicants claim that the Court should:

| — | declare EU regulation No 2020/1043 void. |
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declare EU regulation No 2020/1043 void.

Pleas in law and main arguments

In support of the action, the applicants rely on three pleas in law.

| 1. | First plea in law, based on the consequences and risks that the contested regulation (1) entails. The applicants take the view, in this respect, that there was no justification for removing all measures for assessing the risks associated with genetically modified organisms. They also criticise the lack of public consultation, lack of information and labelling and lack of scientific grounds. |
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1.

First plea in law, based on the consequences and risks that the contested regulation (1) entails. The applicants take the view, in this respect, that there was no justification for removing all measures for assessing the risks associated with genetically modified organisms. They also criticise the lack of public consultation, lack of information and labelling and lack of scientific grounds.

| 2. | Second plea in law, based on defects affecting the formal legality of the contested act. The applicants complain that the procedure followed did not involve public consultation, failed to observe the differentiated procedure laid down in Article 7 of Directive 2001/18 (2), and breached essential procedural requirements. They also plead lack of an adequate legal basis and error of assessment. |
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2.

Second plea in law, based on defects affecting the formal legality of the contested act. The applicants complain that the procedure followed did not involve public consultation, failed to observe the differentiated procedure laid down in Article 7 of Directive 2001/18 (2), and breached essential procedural requirements. They also plead lack of an adequate legal basis and error of assessment.

| 3. | Third plea in law, based on defects affecting the substantive legality of the contested act. The applicants allege, in this respect, non-compliance with the precautionary principle, non-compliance with the fundamental principle of EU law in respect of the right to protection of legitimate expectations and the acquired right to protection of health and the environment. The applicants also plead breach of the principles of subsidiarity and proportionality and a manifest error of assessment. |
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3.

Third plea in law, based on defects affecting the substantive legality of the contested act. The applicants allege, in this respect, non-compliance with the precautionary principle, non-compliance with the fundamental principle of EU law in respect of the right to protection of legitimate expectations and the acquired right to protection of health and the environment. The applicants also plead breach of the principles of subsidiarity and proportionality and a manifest error of assessment.

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(1)  Regulation (EU) 2020/1043 of the European Parliament and of the Council of 15 July 2020 on the conduct of clinical trials with and supply of medicinal products for human use containing or consisting of genetically modified organisms intended to treat or prevent coronavirus disease (COVID-19) (OJ 2020 L 231, p. 12).

(2)  Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC — Commission Declaration (OJ 2001 L 106, p. 1).

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