Information;Judgment — ECLI:EU:T:2023:648
Date: 2023-10-18
Language of the case: English
Court formation: Second Chamber
Subject matter: Environment
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Germany

Judgment of the General Court of 18 October 2023 – TestBioTech v Commission (Case T-605/21) 1 (Environment – Genetically modified products – Genetically modified maize containing, consisting of or produced from MON 87427 × MON 87460 × MON 89034 × MIR162 × NK603 and its subcombinations – Rejection of an application for internal review of an authorisation for placing on the market – Manifest error of assessment – Article 10 of Regulation (EC) No 1367/2006 – Articles 4 to 6 and 16 to 18 of Regulation (EC) No 1829/2003 – Article 5 of Implementing Regulation (EU) No 503/2013) Language of the case: English Parties Applicant: TestBioTech eV (Munich, Germany) (represented by: K. Smith, Barrister) Defendant: European Commission (represented by: I. Galindo Martín and F. Castilla Contreras, acting as Agents) Re: By its action under Article 263 TFEU, the applicant seeks annulment of the decision of the European Commission of 8 July 2021 rejecting the grounds set out in its request for internal review made pursuant to Article 10(1) of 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), against Commission Implementing Decision (EU) 2021/61 of 22 January 2021 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize MON 87427 × MON 87460 × MON 89034 × MIR162 × NK603 and genetically modified maize combining two, three or four of the single events MON 87427, MON 87460, MON 89034, MIR162 and NK603, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ 2021 L 26, p. 12). Operative part of the judgment The Court: Dismisses the action; Orders TestBioTech eV to bear its own costs and to pay those incurred by the European Commission. ____________ 1 OJ C 471, 22.11.2021.