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CJEU Case C-384/16 / Opinion

European Union Copper Task Force v European Commission

Policy area:
Agriculture
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
06/09/2017

Key facts of the case:

Appeal — Plant protection products — Implementing Regulation (EU) 2015/408 — Placing on the market of plant protection products and establishing a list of candidates for substitution — Inclusion of active substance ‘copper compounds’ in that list — Action for annulment — Admissibility — Article 263, fourth paragraph, TFEU — Regulatory act that does not entail implementing measures — Individually concerned person.

Outcome of the case:

In the light of the foregoing considerations, I therefore propose that the Court:

  • Primarily:
  1. Set aside the order of the General Court of the European Union of 27 April 2016, European Union Copper Task Force v Commission (T‑310/15, not published, EU:T:2016:265);
  2. Declare admissible the action for annulment brought by the European Union Copper Task Force against Commission Implementing Regulation (EU) 2015/408 of 11 March 2015 on implementing Article 80(7) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and establishing a list of candidates for substitution;
  3. Refer the case back to the General Court for a ruling on the substance of the matter;

Order that the costs be reserved.

  • In the alternative, in the event that the Court finds the first ground of appeal to be unfounded:
  1. Dismiss the appeal;
  2. Order the European Union Copper Task Force to bear the costs.