CELEX: 62017TA0476
Language: en
Date: 2019-09-19 00:00:00
Title: Case T-476/17: Judgment of the General Court of 19 September 2019 — Arysta LifeScience Netherlands v Commission (Plant protection products — Active substance diflubenzuron — Review of approval — Article 21 of Regulation (EC) No 1107/2009 — Rights of the defence — Ultra vires — Manifest error of assessment — Procedure for renewal of approval — Article 14 of Regulation No 1107/2009 — Imposition, in the context of the review procedure, of additional restrictions limiting the use of the active substance at issue without waiting for the outcome of the renewal procedure — Proportionality)

25.11.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 399/43
            
         
      Judgment of the General Court of 19 September 2019 — Arysta LifeScience Netherlands v Commission
      (Case T-476/17) (1)
      
      (Plant protection products - Active substance diflubenzuron - Review of approval - Article 21 of Regulation (EC) No 1107/2009 - Rights of the defence - Ultra vires - Manifest error of assessment - Procedure for renewal of approval - Article 14 of Regulation No 1107/2009 - Imposition, in the context of the review procedure, of additional restrictions limiting the use of the active substance at issue without waiting for the outcome of the renewal procedure - Proportionality)
      (2019/C 399/51)
      Language of the case: English
      
         Parties
      
      
         Applicant: Arysta LifeScience Netherlands BV (Amsterdam, Netherlands) (represented by: C. Mereu and M. Grunchard, lawyers)
      
         Defendant: European Commission (represented by: A. Lewis, I. Naglis and G. Koleva, acting as Agents)
      
         Re:
      
      Application under Article 263 TFEU for annulment of Commission Implementing Regulation (EU) 2017/855 of 18 May 2017 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance diflubenzuron (OJ 2017 L 128, p. 10).
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  
                     Dismisses the action;
                  
               
            
                  2.
               
               
                  
                     Declares that Arysta LifeScience Netherlands BV is to bear its own costs and orders it to pay those incurred by the European Commission in the present action and in the proceedings for interim measures.
                  
               
            
         (1)  OJ C 357, 23.10.2017.