CELEX: 62021TN0606
Language: en
Date: 2021-09-20 00:00:00
Title: Case T-606/21: Action brought on 20 September 2021 — TestBioTech v Commission

22.11.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 471/53
            
         
      Action brought on 20 September 2021 — TestBioTech v Commission
      (Case T-606/21)
      (2021/C 471/75)
      Language of the case: English
      
         Parties
      
      
         Applicant: TestBioTech eV (Munich, Germany) (represented by: K. Smith, lawyer)
      
         Defendant: European Commission
      
         Form of order sought
      
      The applicant claims that the Court should:
      
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                  annul the defendant’s decision of 8 July 2021, refusing to revoke or to amend the defendant’s implementing decision (EU) 2021/66 (1), by which Monsanto Europe SA has been permitted, under the GM Regulation (2), to market genetically modified soybean MON 87751 x MON 87701 x MON 87708 x MON 89788 and its sub-combinations in the EU;
               
            
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                  order any other measure deemed appropriate; and
               
            
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                  order the defendant to pay the costs.
               
            
         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 that the defendant committed a manifest error of assessment in failing to give any or any adequate consideration to the potential impact of gene stacking on gene expression in combination with herbicide applications and/or failed to require an adequate assessment under real-world conditions of repeated and/or high application of the two herbicides to which the modified soybean expresses tolerance.
               
            
                  2.
               
               
                  Second plea in law, alleging that the defendant committed a manifest error of assessment in failing to give any or any adequate consideration to the potential for toxicity, immunogenicity and/or allergenicity in the modified soybean as a result of synergistic effects between the proteins it is genetically modified to express, naturally occurring protease inhibitors in soybeans, exposure to herbicide and/or herbicide residue in the harvest and/or failed to require animal feeding trials of the stack to be conducted.
               
            
         (1)  OJ 2021 L 26, p. 44.
      
         (2)  Regulation of the European Parliament and of the Council (EC) No 1829/2003 of 22 September 2003 on genetically modified food and feed (OJ 2003 L 268, p. 1).