Order of the General Court (Ninth Chamber, Extended Composition) of 20 August 2020 – FL Brüterei M-V and Others v Commission

(Case T‑755/18)

(Action for annulment and for damages – Organic farming – Livestock production – Exceptional production rules applicable in case of non-availability of organic farm inputs – Use of non-organic animals – Extension of the period of application of the exceptional production rules – Lack of direct concern – No sufficiently serious breach of a rule of law conferring rights on individuals – Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)

1. Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Whether directly concerned – Criteria – Commission decision extending by two years the time limit for national authorities to grant authorisations for the use of non-organic chicks to organic pullet breeders – No direct effect on the legal situation of the applicants – Discretion of the national regulatory authority responsible for implementation – Characterisation – Not directly concerned – Inadmissibility (Art. 263, fourth para. TFEU; Commission Regulations No 889/2008, Art. 42(b) and No 2018/1584) (see paras 23-28, 32-36, 39-43)

2. Actions for damages – Autonomy in relation to the action for annulment – Inadmissibility of the annulment action directed against a regulation – Irrelevant to the admissibility of an action seeking compensation for damage caused by the adoption of the same regulation (Arts 263 and 340, second para. TFEU) (see paras 48, 49)

3. Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – Cumulative conditions – One of the conditions not satisfied – Claim for compensation dismissed in its entirety (Art. 340, second para. TFEU) (see paras 50, 67, 72, 81)

4. EU law – Principles – Proportionality – Scope – Discretion of the EU legislature in the area of common agricultural policy – Judicial review – Limits (Arts 40 to 43 TFEU) (see paras 52-55)

5. EU law – Interpretation – Provision which constitutes a derogating measure (Council Regulation No 834/2007, Art. 22) (see para. 62)

6. Non-contractual liability – Conditions – Unlawfulness – Commission not initiating a proceeding for failure to fulfil obligations – Act not amounting to unlawfulness (Art. 258 TFEU) (see para. 73)

7. Judicial proceedings – Application initiating proceedings – Formal requirements – Identification of the subject matter of the dispute – Brief summary of the pleas in law on which the application is based – Action seeking compensation for loss caused by an EU institution – No indications as to the allegedly wrongful act – Inadmissibility (Rules of Procedure of the General Court, Art. 76) (see para. 78)

Re:

In the first place, application under Article 263 TFEU seeking annulment of Article 1(4) of Commission Implementing Regulation (EU) 2018/1584 of 22 October 2018 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (OJ 2018 L 264, p. 1), and, in the second place, application under Article 268 TFEU seeking compensation for, first, the harm allegedly suffered by the applicants as a result of the adoption of that article and, second, the harm allegedly suffered by FL Brüterei M-V as a result of the Commission’s failure to ensure compliance by the Dutch authorities with Article 42 of Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (OJ 2008 L 250, p. 1).

Operative part

1. The action is dismissed.