CELEX: 62010TO0479
Language: en
Date: 2011-04-11 00:00:00
Title: Order of the General Court (Sixth Chamber) of 11 April 2011. # Département du Gers v European Commission. # Action for annulment - Environment and protection of human health - Genetically modified food and feed - No individual concern - Inadmissibility. # Case T-479/10.

Order of the General Court (Sixth Chamber) of 11 April 2011 – Département du Gers v Commission
      (Case T-479/10)
      Action for annulment – Environment and protection of human health – Genetically modified food and feed – No individual concern – Inadmissibility
      1.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission decision
            authorising the marketing of food and animal feed containing genetically modified maize (GMO) – Action brought by a regional
            authority of a Member State based on the consequences of the measure in its territory – Not individually concerned – Inadmissibility
            (Art. 263, fourth para., TFEU; European Parliament and Council Regulation No 1829/2003) (see paras 16-17, 21, 25, 29, 36-37,
            43)
      2.                     European Union law – Principles – Right to effective judicial protection – Action brought by a regional entity seeking annulment
            of a Commission decision addressed to a Member State – Applicant not individually concerned – Infringement of the said principle
            – None (Arts 263, fourth para., TFEU, 267 TFEU and 277 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras
            39-41)
      Re:
      
         
               APPLICATION for annulment of Commission Decision 2010/420/EU of 28 July 2010 authorising the placing on the market of products
                  containing, consisting of, or produced from genetically modified maize MON89034xNK603 (MON-89Ø34‑3xMON-ØØ6Ø3-6) pursuant to
                  Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ 2010 L 197, p. 15).
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The action is dismissed as inadmissible.
               
            
         
                  2.
               
               
                  
               
               
                  	The Département du Gers is ordered to bear its own costs and pay those of the European Commission.
               
            
         
                  3.
               
               
                  
               
               
                  	There is no need to adjudicate on the applications to intervene of the European Parliament, the Council of the European Union,
                     the Centre Region, the Picardy Region, the Départment de la Haute–Garonne, the Brittany Region, the  Poitou-Charentes Region,
                     the Provence-Alpes-Côte-d'Azur Region, the Burgundy Region, the Midi-Pyrénées Region, the Auvergne Region, the Pays de la
                     Loire Region, the Rhône-Alpes Region, the Départment des Côtes d'Armor, the Île de France Region and the Nord-Pas-de-Calais
                     Region.