Judgment — ECLI:EU:T:2014:945
Date: 2014-11-13
Language of the case: Spanish
Court formation: Eighth Chamber
Subject matter: Agriculture and Fisheries
Procedure: Action for annulment - unfounded
Origin: Spain

Summary — Judgment of the General Court (Eighth Chamber), 13 November 2014 1. Actions for annulment — Action against a decision refusing to withdraw or amend an earlier act — Inadmissibility — Meaning of confirmatory decision — Reexamination for the purposes of verifying the justification for maintaining an earlier decision following the modification or a legal or factual situation arising in the meantime — Exclusion (Art. 263 TFEU) 2. Agriculture — Common organisation of the markets — Fruit and vegetables — Marketing conditions — Commission’s margin of discretion — Account to be taken of recommendations concerning standards adopted within the United Nations Economic Commission for Europe — Non-binding character of those standards (Council Regulation No 1234/2007, Art. 113(2)) 3. Actions for annulment — Grounds — Misuse of powers — Concept 4. Agriculture — Common organisation of the markets — Fruit and vegetables — Marketing conditions — Commission’s margin of discretion — Limits — Obligation to take account of the interests of consumers — Scope (Council Regulation No 1234/2007, Art. 113(2)(a)(iii)) 5. Acts of the institutions — Statement of reasons — Obligation — Scope — Implementing regulation (Art. 296 TFEU; Commission Regulation No 543/2011) 6. Agriculture — Common organisation of the markets — Products processed from fruit and vegetables — Marketing conditions — Obligation to label citrus fruits, but not other fruits or vegetables — No breach of the principle of equal treatment — Citrus fruits having particular features capable of placing them in a different position from that of other fruits and vegetables (Art. 40(2) TFEU; Commission Regulation No 543/2011, Annex I, Part B 2, point VI) 7. Agriculture — Common agricultural policy — Discretion of the EU institutions — Scope — Judicial review — Limits 8. Agriculture — Common organisation of the markets — Products processed from fruit and vegetables — Marketing conditions — Obligation to label citrus fruits having been subject to post-harvest treatment with preservatives or other chemical substances — Obligation applying both to citrus fruits destined for the EU markets and those destined for non-member countries — No breach of principle of proportionality (Art. 169 TFEU; Charter of Fundamental Rights of the European Union, Art. 38; Council Regulation No 1234/2007; Commission Regulation No 543/2011, Annex I, Part B 2, point VI) 1. It is clear from the actual wording of Article 263 TFEU, as from its aim which is to guarantee legal certainty, that a measure which has not been challenged within the time-limit for bringing proceedings becomes definitive. That definitive nature concerns not only the measure itself, but also any later measure which is merely confirmatory. As regards the circumstances in which a measure is regarded as merely confirmatory of a previous measure, that is the case if the measure at issue contains no new factor as compared with the previous measure and was not preceded by a re-examination of the circumstances of the person to whom that measure was addressed. A measure is regarded as adopted after a re-examination of the circumstances, which prevents it from being confirmatory in nature, where that measure was adopted either at the request of the person concerned, or at the initiative of its author, on the basis of substantial factors which were not taken into account at the time of adoption of the preceding measure. A factor must be classified as new both where that factor did not exist at the time of adoption of the earlier measure and where that factor already existed when the earlier measure was adopted but, for whatever reason, including a failure by the author of that measure to act diligently, was not taken into consideration at the time of its adoption. To be substantial in nature, that factor must be capable of substantially altering the legal situation as considered by the authors of the earlier measure. In other words, the factor concerned must be capable of substantially altering the conditions which governed the earlier measure, such as, in particular, a factor that raises doubts as to the merits of the approach adopted by that measure. Consequently, since a measure which depends on whether the factual and legal circumstances which led to its adoption continue to apply must be capable of forming the subject-matter of a request for re-examination, in order to establish whether its retention is justified, a re-examination seeking to verify whether a previously-adopted measure remains justified in the light of a change in the legal or factual situation which has taken place in the meantime leads to the adoption of a measure which is not purely confirmatory of the earlier measure, but constitutes a measure open to challenge which could be the subject of an action for annulment under Article 263 TFEU. (see paras 27, 28, 36, 38-40) 2. The adoption of a standard by the United Nations Economic Committee for Europe (UNECE) entails no obligation for the EU Member States, all of which are UNECE Member States. Consequently, Article 113(2) of Regulation No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products should be interpreted, in accordance with its clear and unambiguous wording, as meaning that the Commission has discretion when adopting, at EU level, marketing standards for one or more products. Since, in regard to the common agricultural policy, the Community institutions are recognised as having a discretionary power which reflects their responsibilities in this matter, it should be concluded that the discretion available to the Commission, under the abovementioned provision, is also broad. However, under that provision, it is for the Commission, when exercising that broad discretion, to take into account, inter alia, standards adopted within the UNECE. Furthermore, the non-binding nature of those standards explains the use of the term ‘Standard recommendations’ in that provision. Consequently, since the Commission is not required, under the said Article 113(2) to adopt, at EU level, a marketing standard for citrus fruit using wording identical to that of UNECE, it cannot be criticised for having infringed the Regulation No 1234/2007 and, therefore, the principle of the hierarchy of norms. (see paras 79-81) 3. See the text of the decision. (see para. 95) 4. It is clear from the wording of Article 113(2)(a)(iii) of Regulation No 1234/2007 that the marketing standards which the Commission may provide for are established taking account, in particular, of the interest of consumers to receive adequate and transparent product information. Furthermore, efforts to achieve objectives of the common agricultural policy cannot disregard requirements relating to the public interest such as the protection of consumers or the protection of the health and life of humans and animals, requirements which the EU institutions must take into account in exercising their powers. It cannot therefore be accepted that the Commission has misused the procedure relating to the adoption of marketing standards in accordance with Article 113 of Regulation No 1234/2007, in order to enact a provision designed to protect consumers, the adoption of which does not fall within its powers. (see paras 99, 100) 5. See the text of the decision. (see paras 107-109, 114) 6. See the text of the decision. (see paras 125-127, 136) 7. See the text of the decision. (see paras 152, 153) 8. Concerning the obligation to label citrus fruits which have been subject to post-harvest processing with preservatives and other chemical substances pursuant to Point VI of Part B 2 of Annex I to Regulation No 543/2011 laying down detailed rules for the application of Regulation No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors, the Commission cannot be accused of infringing the principle of proportionality in adopting the said Point VI on the ground that the provision also applies to citrus fruits intended for export to non-member countries. Article 38 of the Charter of Fundamental Rights of the European Union provides that Union policies shall ensure a high level of consumer protection. Neither that provision nor Article 169 TFEU distinguishes between consumers within and outside the EU. Consequently, where the Commission considers that a measure such as, in the present case, the labelling of citrus fruit relating to any post-harvest treatment is necessary to ensure that consumers are adequately protected, it is not acceptable for it to distinguish between consumers within and outside the EU, by imposing such a requirement with regard to products intended for the first group, but not with regard to those intended for the second group. Furthermore, a uniform and high level of consumer protection, both within and outside the EU, forms part of the reputation for quality and reliability of products from the EU and contributes towards maintaining, or even strengthening, their position on international markets. In the event of harm to the health of consumers outside the EU as a result of a lack of marking relating to the post-harvest treatment of citrus fruit originating in the EU, it is likely that the reputation for quality and reliability of products from the EU would be damaged. Furthermore, it is well known that, for almost all fruit and vegetables, there are special labels to indicate that they are organic and that they have not been treated with chemical substances. Consumers are therefore, in general, aware of the fact that fruit and vegetables which do not carry such a label are likely to have been subject to such treatment. It cannot, therefore, be accepted that, on noticing the special marking for citrus fruit, consumers will, by contrary inference, conclude that other fruit and vegetables which are not marked in that way have not been treated with chemical substances. (see paras 181, 185-190)