Case T-354/24: Action brought on 15 July 2024 – Mowi Poland v Commission
Date: 2024-07-15
Institutions: General Court
Subjects: European Food Safety Authority, delegated regulation, fishery product, food safety, frozen product, legislative act (EU), meat processing industry, principle of proportionality








C_202405119EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/5119


26.8.2024






Action brought on 15 July 2024 – Mowi Poland v Commission


(Case T-354/24)

(C/2024/5119)
Language of the case: Polish

Parties


Applicant: Mowi Poland S.A. (Ustka, Poland) (represented by: Z. Kiedacz and K. Puchalska, radcy prawni)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul in its entirety Commission Delegated Regulation (EU) 2024/1141 of 14 December 2023 amending Annexes II and III to Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards specific hygiene requirements for certain meat, fishery products, dairy products and eggs; (1)











—


in the alternative: annul in part Commission Delegated Regulation (EU) 2024/1141, namely point 3(e) of the annex to that regulation, in the event that the Court considers that that provision does not affect the substance of the act in its entirety;










—


order the European Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on four in law.






1.


First plea in law, alleging infringement of Article 290 TFEU. The infringement consists in the fact that the contested act concerns essential elements reserved for the legislative act.










2.


Second plea in law, alleging infringement of Article 5(4) TEU. The infringement consists in the fact that the contested act is contrary to the principle of proportionality. That incompatibility is characterised by a lack of appropriateness, necessity and proportionality.










3.


Third plea in law, alleging infringement of Article 10(1) of Regulation (EC) No 853/2004 of the European Parliament and of the Council. (2) The infringement consists in the fact that the contested act does not serve to fulfil the aims of Regulation No 853/2004, that is to say food safety and the proper functioning of the internal market.










4.


Fourth plea in law, alleging infringement of Article 13 of Regulation (EC) No 853/2004. The infringement concerns the failure to consult the European Food Safety Authority when working on the delegated regulation, even though – according to the applicant – such consultation was obligatory in that case.






(1)  Commission Delegated Regulation (EU) 2024/1141 of 14 December 2023 amending Annexes II and III to Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards specific hygiene requirements for certain meat, fishery products, dairy products and eggs (OJ L 2024/1141).

(2)  Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ 2004 L 139, p. 55).


ELI: http://data.europa.eu/eli/C/2024/5119/oj
ISSN 1977-091X (electronic edition)