CELEX: 62020TN0484
Language: en
Date: 2020-08-03 00:00:00
Title: Case T-484/20: Action brought on 3 August 2020 — SATSE v Commission

14.9.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 304/25
            
         
      Action brought on 3 August 2020 — SATSE v Commission
      (Case T-484/20)
      (2020/C 304/29)
      Language of the case: Spanish
      
         Parties
      
      
         Applicant: Sindicato de Enfermería (SATSE) (Madrid, Spain) (represented by: M. Sesmero González, lawyer)
      
         Defendant: European Commission
      
         Form of order sought
      
      The applicant claims that the General Court should:
      
                  —
               
               
                  Annul Commission Directive (EU) 2020/739 of 3 June 2020 amending Annex III to Directive 2000/54/EC of the European Parliament and of the Council as regards the inclusion of SARS-CoV-2 in the list of biological agents known to infect humans and amending Commission Directive (EU) 2019/1833, published in the Official Journal of the European Union of 4 June 2020 (OJ 2020 L 175, p. 11).
               
            
         Pleas in law and main arguments
      
      In support of the action, the applicant relies on two pleas in law.
      
                  1.
               
               
                  First plea in law, alleging infringement of Articles 2 and 18 of Directive 2000/54/EC and Annex III thereto.
                  
                              —
                           
                           
                              In that regard, the applicant relies on the absence of any effective treatment or prophylaxis for the biological agent SARS-CoV-2, the fact that it is a virus that is considered to be highly contagious and which mutates and, therefore, is highly likely to spread to the community and the fact that the coronavirus SARS-CoV-2 causes serious conditions and symptoms resulting in severe human disease, presenting a serious hazard to workers.
                           
                        
            
                  2.
               
               
                  Second plea in law, alleging infringement of essential procedural requirements on account of the failure to state reasons for the classification of the biological agent SARS-CoV-2 in group 3.
                  
                              —
                           
                           
                              In that regard, the applicant submits that although the Commission acknowledged that there was no vaccine or effective treatment and despite what was provided for in Article 2 of Directive 2000/54/EC, it classified SARS-CoV-2 in risk group 3 rather than in risk group 4.