EN
C 252/54
Official Journal of the European Union
17.7.2023
Pleas in law and main arguments In support of the action, the applicant relies on a single plea in law, divided into two limbs: that, by its decision of full disclosure of the list of co-formulants present in the formulation for representative uses, EFSA committed an error of law and a manifest error of assessment. — The applicant submits that the list of co-formulants that EFSA wishes to disclose — which relates to the representative product submitted for the active substance renewal dossier — pursuant to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 (1) is commercially sensitive and confidential information. — The applicant further submits that disclosure by EFSA would breach Article 4(2), first indent, of Regulation No 1049/2001 of the European Parliament and of the Council of 30 May 2001, (2) and Article 6(1) of Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006.
(3) It would also breach Article 63 of Regulation (EC) No 1107/2009.
(1) (2) (3)
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).
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).
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).
Action brought on 14 May 2023 — WN v Commission (Case T-254/23) (2023/C 252/66) Language of the case: Italian Parties Applicant: WN (represented by: M. Velardo, lawyer) Defendant: European Commission
Form of order sought The applicant claims that the General Court should: — Annul the measure of 5 May 2022 by means of which the applicant was not included on the reserve list of Competition EPSO/AD/380/19-AD7; — Annul the measure of 15 July 2022 refusing the request to review the failure to include the applicant in the reserve list of Competition EPSO/AD/380/19-AD 7; — Annul the measure of the appointing authority of 14 February 2023, which was wrongfully drawn up following the silence maintained by the European Personnel Selection Office (EPSO) for over four months, and by which the complaint lodged on 14 October 2022 under Article 90(2) of the Staff Regulations of Officials of the European Union (‘the Staff Regulations’) was rejected; — Order the Commission to pay the costs.