Case T-384/26: Action brought on 19 June 2026 – UA v EFSA
Date: 2026-06-19
Institutions: General Court
Subjects: access to EU information, disclosure of information, market approval, plant health product








C_202604000EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2026/4000


3.8.2026






Action brought on 19 June 2026 – UA v EFSA


(Case T-384/26)

(C/2026/4000)
Language of the case: English

Parties


Applicant: UA (represented by: A. Pappas, lawyer)

Defendant: European Food Safety Authority

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the European Food Safety Authority (EFSA) of 8 April 2026, by which EFSA partially rejected the applicant’s confirmatory application of 20 November 2025 for public access to documents; and










—


order the European Food Safety Authority to bear its own costs and pay the costs of the applicant for the present proceedings.





Pleas in law and main arguments

The applicant requested access to documents concerning the composition of the representative plant protection products assessed by EFSA in the context of the approval and renewal of approval of the active substance potassium hydrogen carbonate under Regulation (EC) No 1107/2009 (1) and Directive 91/414/EEC (2). More specifically, the applicant requested disclosure of the complete composition of three plant protection products, namely Armicarb 85SP, ANL-F001 and VitiSan, as recorded in the Renewal Assessment Report or Draft Assessment Report, as applicable. The applicant also requested copies of the material safety data sheets corresponding to all components (co-formulants) of those products.
In support of the action, the applicant relies on a single plea in law alleging, principally, infringement of Article 4(2), second indent, of Regulation (EC) No 1049/2001 (3), read in conjunction with Article 6 of Regulation (EC) No 1367/2006 (4). Within that single plea, the applicant also alleges, in so far as relevant, infringement of Article 15(3) TFEU, Articles 41 and 42 of the Charter of Fundamental Rights of the European Union and Article 296 TFEU.
The plea is divided into three parts. By the first part, the applicant submits that EFSA committed an error of law in concluding that the exception relating to the protection of court proceedings was applicable in the present case. By the second part, the applicant submits that EFSA failed to examine the substantive conditions governing the application of that exception. By the third part, the applicant submits that EFSA failed properly to examine the existence of an overriding public interest in disclosure.


(1)  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ 2009 L 309, p. 1).

(2)  Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ 1991 L 230, p. 1).

(3)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).

(4)  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).


ELI: http://data.europa.eu/eli/C/2026/4000/oj
ISSN 1977-091X (electronic edition)