Comunicazioni sulla GU nº T-734/18 of Tribunal General de la Unión Europea, February 08, 2019
Resolution Date | February 08, 2019 |
Issuing Organization | Tribunal General de la Unión Europea |
Decision Number | T-734/18 |
Ricorso proposto il 13 dicembre 2018 - Sumitomo Chemical e Tenka Best / Commissione
(Causa T-734/18)
Lingua processuale: l’inglese
Parti
Ricorrenti: Sumitomo Chemical (UK) plc (Londra, Reno Unito) e Tenka Best, SL (Aiguafreda, Spagna) (rappresentanti: K. Van Maldegem, avvocato, e V. McElwee, solicitor)
Convenuta: Commissione europea
Conclusioni
Le ricorrenti chiedono che il Tribunale voglia:
annullare la decisione di esecuzione (UE) 2018/1251 della Commissione, del 18 settembre 2018, che non approva l’empentrina come principio attivo esistente ai fini del suo uso nei biocidi del tipo di prodotto 18 1 ;
condannare la convenuta alle spese.
Motivi e principali argomenti
A sostegno del ricorso, le ricorrenti deducono quattro motivi.
Primo motivo, vertente sul fatto che la convenuta avrebbe omesso di seguire le fasi procedurali a essa incombenti prima di adottare l’atto impugnato, il quale, se dette fasi fossero state seguite, avrebbe potuto essere diverso.
Secondo motivo, vertente sull’errore manifesto di valutazione in cui sarebbe incorsa la convenuta non avendo tenuto conto delle irregolarità procedurali nell’ambito del riesame dell’empentrina, avendo consentito che un rischio ipotetico comportasse la mancata approvazione dell’empentrina e avendo omesso di tenere conto dei requisiti relativi al benessere degli animali derivanti dal regolamento sui biocidi 2 .
Terzo motivo, vertente sul fatto che la convenuta non avrebbe assicurato i diritti della difesa della prima ricorrente.
Le osservazioni e i dati della prima ricorrente non sarebbero stati esaminati e i suoi diritti della difesa sarebbero stati necessariamente violati.
Quarto motivo, vertente...
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