Information;Judgment — ECLI:EU:T:2024:610
Date: 2024-09-11
Language of the case: German
Court formation: Third Chamber
Subject matter: Free movement of goods
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Third Chamber) of 11 September 2024 – Fachverband Eisenhüttenschlacken v Commission (Case T‑560/22) (1) ( EU fertilising products – Regulation (EU) 2019/1009 – Delegated Regulation (EU) 2022/973 – Limit values for chromium and vanadium in EU fertilising products using ferrous slags as by-products – Criteria on agronomic efficiency and safety for the use of by-products in fertilising products – Precautionary principle – Legal certainty – Proportionality – Obligation to state reasons ) 1. Action for annulment – Natural or legal persons – Acts of direct and individual concern to them – Direct concern – Criteria – Regulation laying down criteria on agronomic efficiency and safety for the use of by-products in EU fertilising products – Action brought by an undertaking marketing fertilisers consisting of, or containing, ferrous slag – Admissibility (Commission Regulation 2019/1009, Arts 2(2) and (3)(a) and (c), 3(1) and 18) (see paragraphs 28-35) 2. Approximation of laws – Making available on the market of fertilising products – Laying down criteria on agronomic efficiency and safety for the use of by-products in fertilising products – Empowerment of the Commission to define the criteria concerning the use of a substance or object resulting from a production process in a fertilising product – Scope – Agronomic safety – Concept – Protection of human, animal and plant health, safety and the environment – Included – Regulation adopted by the Commission including consideration of health and the environment – Whether permissible (Commission Regulation 2019/1009, Art. 42) (see paragraphs 47, 50-62) 3. Approximation of laws – Making available on the market of fertilising products – Adaption to scientific and technical progress – Laying down criteria on agronomic efficiency and safety for the use of by-products in fertilising products – Discretion of the Commission – Scope – Judicial review – Limits (Commission Regulation 2019/1009, Art. 42(7)) (see paragraphs 81-86) 4. Approximation of laws – Making available on the market of fertilising products – Laying down criteria on agronomic efficiency and safety for the use of by-products in fertilising products – Limit values for chromium and vanadium in EU fertilising products using ferrous slag as by-products – Commission’s margin of discretion – Prior assessment of risks to human health and the environment – Application of the precautionary principle – Scope (Commission Regulation 2019/1009) (see paragraphs 133-137, 172, 173, 183, 185, 196, 199, 202) Operative part The Court: 1. Dismisses the action; 2. Orders Fachverband Eisenhüttenschlacken eV to pay the costs. 1 OJ C 424, 7.11.2022.