# C_2023252EN.01005301.xml

| 17.7.2023 | EN | Official Journal of the European Union | C 252/53 |
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17.7.2023

EN

Official Journal of the European Union

C 252/53

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Action brought on 27 April 2023 — Arysta Lifescience v EFSA

(Case T-222/23)

(2023/C 252/65)

Language of the case: English

Parties

Applicant: Arysta Lifescience (Noguères, France) (represented by: D. Abrahams, Z. Romata, H. Widemann and R. Spangenberg, lawyers)

Defendant: European Food Safety Authority (EFSA)

Form of order sought

The applicant claims that the Court should:

| — | annul EFSA’s decision dated 17 February 2023 (Ref. PAD 2022/175) ‘Notification of full disclosure of the list of co-formulants present in the formulation for representative uses Captan 80 WG relating to the renewal of the approval of the active substance Captan’; |
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annul EFSA’s decision dated 17 February 2023 (Ref. PAD 2022/175) ‘Notification of full disclosure of the list of co-formulants present in the formulation for representative uses Captan 80 WG relating to the renewal of the approval of the active substance Captan’;

| — | order EFSA to pay the costs of these proceedings. |
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order EFSA to pay the costs of these proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, divided into two limbs: that, by its decision of full disclosure of the list of co-formulants present in the formulation for representative uses, EFSA committed an error of law and a manifest error of assessment.

| — | The applicant submits that the list of co-formulants that EFSA wishes to disclose — which relates to the representative product submitted for the active substance renewal dossier — pursuant to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 (1) is commercially sensitive and confidential information. |
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The applicant submits that the list of co-formulants that EFSA wishes to disclose — which relates to the representative product submitted for the active substance renewal dossier — pursuant to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 (1) is commercially sensitive and confidential information.

| — | The applicant further submits that disclosure by EFSA would breach Article 4(2), first indent, of Regulation No 1049/2001 of the European Parliament and of the Council of 30 May 2001, (2) and Article 6(1) of Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006. (3) It would also breach Article 63 of Regulation (EC) No 1107/2009. |
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The applicant further submits that disclosure by EFSA would breach Article 4(2), first indent, of Regulation No 1049/2001 of the European Parliament and of the Council of 30 May 2001, (2) and Article 6(1) of Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006. (3) It would also breach Article 63 of Regulation (EC) No 1107/2009.

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(1)  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ 2009 L 309, p. 1).

(2)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).

(3)  Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ 2006 L 264, p. 13).

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