Case T-240/10: Judgment of the General Court of 13 December 2013 — Hungary v Commission (Approximation of the laws — Deliberate release into the environment of GMOs — Marketing authorisation procedure — EFSA Scientific Opinions — Committee procedure — Regulatory procedure — Infringement of an essential procedural requirement — Finding of the Court of its own motion)
Date: 2013-12-13
Institutions: General Court
Subjects: animal feedingstuffs, approximation of laws, comitology, market approval, marketing standard, potato, transgenic plant








C_2014039EN.01001601.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/16





Judgment of the General Court of 13 December 2013 — Hungary v Commission
(Case T-240/10) (1)

(Approximation of the laws - Deliberate release into the environment of GMOs - Marketing authorisation procedure - EFSA Scientific Opinions - Committee procedure - Regulatory procedure - Infringement of an essential procedural requirement - Finding of the Court of its own motion)
2014/C 39/26
Language of the case: Hungarian

Parties


Applicant: Hungary (represented by: Z. Fehér and K. Szíjjártó, acting as Agents)

Defendant: European Commission (represented initially by: A. Sipos and L. Pignataro-Nolin, and subsequently by: A. Sipos and D. Bianchi, acting as Agents)

Interveners in support of the applicant: French Republic (represented by: G. de Bergues and S. Memez, acting as Agents); Grand Duchy of Luxembourg (represented initially by: C. Schiltz, and subseqeuntly by: P. Frantzen, and finally by: L. Delvaux and D. Holderer, acting as Agents); Republic of Austria (represented by: C. Pesendorfer and E. Riedl, acting as Agents); and Republic of Poland (represented initially by: M. Szpunar, B. Majczyna and J. Sawicka, and subsequently by: B. Majczyna and J. Sawicka, acting as Agents)

Re:

Annulment of Commission Decision 2010/135/EU of 2 March 2010 concerning the placing on the market, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a potato product (Solanum tuberosum L. line EH92-527-1) genetically modified for enhanced content of the amylopectin component of starch (OJ 2010 L 53, p. 11), and of Commission Decision 2010/136/EU of 2 March 2010 authorising the placing on the market of feed produced from the genetically modified potato EH92-527-1 (BPS-25271-9) and the adventitious or technically unavoidable presence of the potato in food and other feed products under Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ 2010 L 53, p. 15).

Operative part of the judgment

The Court:






1.


Annuls Commission Decision 2010/135/EU of 2 March 2010 concerning the placing on the market, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a potato product (Solanum tuberosum L. line EH92-527-1) genetically modified for enhanced content of the amylopectin component of starch and Commission Decision 2010/136/EU of 2 March 2010 authorising the placing on the market of feed produced from the genetically modified potato EH92-527-1 (BPS-25271-9) and the adventitious or technically unavoidable presence of the potato in food and other feed products under Regulation (EC) No 1829/2003 of the European Parliament and of the Council;










2.


Orders the European Commission to bear its own costs and to pay those incurred by Hungary;










3.


Orders the French Republic, the Grand Duchy of Luxembourg, the Republic of Austria and the Republic of Poland to bear their own costs.






(1)  OJ C 209, 31.7.2010.