CELEX: 62019TN0612
Language: en
Date: 2019-09-10 00:00:00
Title: Case T-612/19: Action brought on 10 September 2019 – UPL Europe and Aceto Agricultural Chemical v Commission

25.11.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 399/72
            
         
      Action brought on 10 September 2019 – UPL Europe and Aceto Agricultural Chemical v Commission
      (Case T-612/19)
      (2019/C 399/90)
      Language of the case: English
      
         Parties
      
      
         Applicants: UPL Europe Ltd (Warrington Cheshire, United Kingdom) and Aceto Agricultural Chemical Corp. Ltd (Port Washington, United States) (represented by: C. Mereu and P. Sellar, lawyers)
      
         Defendant: European Commission
      
         Form of order sought
      
      The applicants claim that the Court should:
      
                  —
               
               
                  annul Commission Implementing Regulation (EU) 2019/989 of 17 June 2019; (1)
                  
               
            
                  —
               
               
                  order the defendant to pay the costs.
               
            
         Pleas in law and main arguments
      
      In support of the action, the applicants rely on four pleas in law.
      
                  1.
               
               
                  First plea in law, alleging that the contested Regulation was adopted further to manifest errors of assessment.
               
            
                  2.
               
               
                  Second plea in law, alleging that the contested Regulation results from a procedure during which the applicants’ rights of defence have not been respected.
               
            
                  3.
               
               
                  Third plea in law, alleging that the contested Regulation was adopted in breach of the principle of proportionality.
               
            
                  4.
               
               
                  Fourth plea in law, alleging that the contested Regulation was adopted in breach of the precautionary principle.
               
            
         (1)  Commission Implementing Regulation (EU) 2019/989 of 17 June 2019 concerning the non-renewal of the approval of the active substance chlorpropham, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (OJ 2019 L 160, p. 11).