# C_2017161EN.01003101.xml

| 22.5.2017 | EN | Official Journal of the European Union | C 161/31 |
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22.5.2017

EN

Official Journal of the European Union

C 161/31

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Action brought on 16 March 2017 — TestBioTech v Commission

(Case T-173/17)

(2017/C 161/44)

Language of the case: English

Parties

Parties

Applicant: TestBioTech eV (Munich, Germany) (represented by: K. Smith, QC, and J. Stevenson, barrister)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the Commission’s decision of 9 January 2017 rejecting the applicant’s request for internal review of Commission Implementing Decisions (EU) 2016/1215, (1) (EU) 2016/1216, (2) and (EU) 2016/1217 (3) of 22 July 2016, granting market authorisations under Regulation (EC) No 1829/2003 (4) (the ‘GM Regulation’) in respect of the genetically modified soybeans FG 72, MON 87708 x MON 89788 and MON 87705 x MON 89788, respectively; |
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annul the Commission’s decision of 9 January 2017 rejecting the applicant’s request for internal review of Commission Implementing Decisions (EU) 2016/1215, (1) (EU) 2016/1216, (2) and (EU) 2016/1217 (3) of 22 July 2016, granting market authorisations under Regulation (EC) No 1829/2003 (4) (the ‘GM Regulation’) in respect of the genetically modified soybeans FG 72, MON 87708 x MON 89788 and MON 87705 x MON 89788, respectively;

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| — | order the Commission to pay the applicant’s costs. |
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order the Commission to pay the applicant’s costs.

Pleas in law and main arguments

Pleas in law and main arguments

In support of the action, the applicant relies essentially on a single plea in law arguing that the Commission failed to observe the obligations imposed on it by the GM Regulation, in particular Articles 14 and 16 thereof, by failing to conduct the appropriate full safety assessments before granting market authorisation or to ensure effective post-authorisation monitoring.

The Commission was mistaken in relying on the relevant EU law concerning the control of pesticides as it fails specifically to regulate genetically modified organisms.

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(1)  Commission Implementing Decision (EU) 2016/1215 of 22 July 2016 authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean FG72 (MST-FGØ72-2) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ 2016 L 199, p. 16).

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(2)  Commission Implementing Decision (EU) 2016/1216 of 22 July 2016 authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87708 × MON 89788 (MON-877Ø8-9 × MON-89788-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ 2016 L 199, p. 22).

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(3)  Commission Implementing Decision (EU) 2016/1217 of 22 July 2016 authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87705 × MON 89788 (MON-877Ø5-6 × MON-89788-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ 2016 L 199, p. 28).

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(4)  Regulation (EC) No 1829/2003 of the European Parliament and of the Council of of 22 September 2003 on genetically modified food and feed (OJ 2003 L 268, p. 1).

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