Notices for publication in the OJ nº T-162/20 of Tribunal General de la Unión Europea, Friday May 29, 2020

• Resolution Date: Friday May 29, 2020
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-162/20

Action brought on 28 March 2020 - UPL Europe and Indofil Industries (Netherlands) v EFSA

(Case T-162/20)

Language of the case: English

Parties

Applicants: UPL Europe Ltd (Warrington Cheshire, United Kingdom), Indofil Industries (Netherlands) BV (Amsterdam, Netherlands) (represented by: C. Mereu and S. Englebert, lawyers)

Defendant: European Food Safety Authority

Form of order sought

The applicants claim that the Court should:

declare the application admissible and well-founded;

annul the decision of the European Food Safety Authority (“EFSA”) of 28 January 2020, notified to the applicants on 29 January 2020, on the assessment of the confidentiality claims made in relation to certain parts of the EFSA Conclusion on the Peer Review of the Pesticide Risk Assessment of the Active Substance Mancozeb (the “Contested Decision”); and

order the defendant to pay all the costs and expenses of these proceedings.

Pleas in law and main arguments

In support of the action, the applicants rely on six pleas in law.

First plea in law, alleging procedural breach of Article 12 of Commission Implementing Regulation 844/2012 ¹ : the contested decision was reached on the basis of procedural errors of fact and law.

Second plea in law, alleging substantive breach of Article 13 of Commission Implementing Regulation...