Order of the Court (Fifth Chamber) of 7 May 2013 — Dow AgroSciences and Others v Commission

(Case C-584/11 P)

‛Appeal — Plant protection products — Active substance trifluralin — Non-inclusion in Annex I to Directive 91/414/EEC — Decision 1999/468/EC — Article 5’

1. Agriculture — Approximation of laws — Placing of plant protection products on the market — Directive 91/414 — Procedure for including active substances from those products to Annex I to that directive — Scientific uncertainty as to the safety of a substance — Whether possible for undertakings which have notified that substance to submit new studies and data — No such possibility — Whether possible for undertakings which have notified that substance to submit additional studies and data — Conditions (Commission Regulation No 451/2000, Arts 6(2)(c) and 8(2) and (5)) (see paras 65, 66)

2. Appeals — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the Court of Justice of the assessment of the facts put before the General Court — Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 72, 73, 75)

3. Appeals — Grounds — Mere repetition of the pleas and arguments put forward before the General Court — Error of law relied on not identified — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1), first para. (c)) (see paras 77, 117)

4. Appeals — Grounds — Plea directed against a superfluous ground — Invalid plea in law — Rejection (see paras 79, 80)

5. Agriculture — Approximation of laws — Placing of plant protection products on the market — Directive 91/414 — Procedure for including active substances from those products to Annex I to that directive — Detailed procedures for the exercise of implementing powers conferred on the Commission — Obligation for the Commission to put to a vote any document which it submits to the regulatory committee — Scope — Limits (Council Decision 1999/468, Art. 5(2)) (see paras 92, 93, 97, 98)

6. Agriculture — Approximation of laws — Placing of plant protection products on the market — Directive 91/414 — Procedure for including active substances from those products to Annex I to that directive — Evaluation in the light of the persistent organic pollutant criteria laid down in the Stockholm Convention on Persistent Organic Pollutants — Admissibility (European Parliament and Council Directive 850/2004; Commission Regulation No 451/2000, Art. 8; Council Directive 91/414, Art. 5(1) and (2)(c)), and Annex II, A, point 7) (see paras 108-111, 113, 114)

Re:

Appeal brought against the judgment of the General Court (Third Chamber) of 9 September 2011 in Case T-475/07 Dow AgroSciences and Others v Commission dismissing an action for annulment of Commission Decision 2007/629/EC of 20 September 2007 concerning the non-inclusion of trifluralin in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant-protection products containing that substance (notified under document number C(2007) 4282) (OJ 2007 L 255, p. 42).

Operative part

1. The appeal is dismissed.

2. Dow AgroSciences Ltd, Dow AgroSciences LLC, Dow AgroSciences SAS, Dow AgroSciences Export SAS, Dow Agrosciences BV, Dow AgroSciences Hungary kft, Dow AgroSciences Italia Srl, Dow AgroSciences Polska sp. z o.o., Dow AgroSciences Iberica SA, Dow AgroSciences s.r.o., Dow AgroSciences Danmark A/S and Dow AgroSciences GmbH are ordered to pay the costs.

Order of the Court (Fifth Chamber) of 7 May 2013 — Dow AgroSciences and Others v Commission

(Case C-584/11 P)

‛Appeal — Plant protection products — Active substance trifluralin — Non-inclusion in Annex I to Directive 91/414/EEC — Decision 1999/468/EC — Article 5’

1. Agriculture — Approximation of laws — Placing of plant protection products on the market — Directive 91/414 — Procedure for including active substances from those products to Annex I to that directive — Scientific uncertainty as to the safety of a substance — Whether possible for undertakings which have notified that substance to submit new studies and data — No such possibility — Whether possible for undertakings which have notified that substance to submit additional studies and data — Conditions (Commission Regulation No 451/2000, Arts 6(2)(c) and 8(2) and (5)) (see paras 65, 66)

2. Appeals — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the Court of Justice of the assessment of the facts put before the General Court — Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 72, 73, 75)

3. Appeals — Grounds — Mere repetition of the pleas and arguments put forward before the General Court — Error of law relied on not identified — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1), first para. (c)) (see paras 77, 117)

4. Appeals — Grounds — Plea directed against a superfluous ground — Invalid plea in law — Rejection (see paras 79, 80)

5. Agriculture — Approximation of laws — Placing of plant protection products on the market — Directive 91/414 — Procedure for including active substances from those products to Annex I to that directive — Detailed procedures for the exercise of implementing powers conferred on the Commission — Obligation for the Commission to put to a vote any document which it submits to the regulatory committee — Scope — Limits (Council Decision 1999/468, Art. 5(2)) (see paras 92, 93, 97, 98)

6. Agriculture — Approximation of laws — Placing of plant protection products on the market — Directive 91/414 — Procedure for including active substances from those products to Annex I to that directive — Evaluation in the light of the persistent organic pollutant criteria laid down in the Stockholm Convention on Persistent Organic Pollutants — Admissibility (European Parliament and Council Directive 850/2004; Commission Regulation No 451/2000, Art. 8; Council Directive 91/414, Art. 5(1) and (2)(c)), and Annex II, A, point 7) (see paras 108-111, 113, 114)

Re:

Appeal brought against the judgment of the General Court (Third Chamber) of 9 September 2011 in Case T-475/07 Dow AgroSciences and Others v Commission dismissing an action for annulment of Commission Decision 2007/629/EC of 20 September 2007 concerning the non-inclusion of trifluralin in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant-protection products containing that substance (notified under document number C(2007) 4282) (OJ 2007 L 255, p. 42).

Operative part

1. The appeal is dismissed.