CJEU Case C-244/16 P / Opinion

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 metalaxyl 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 16 February 2016, Industrias Químicas del Vallés v Commission (T-296/15, not published, EU:T:2016:79);
2. Declare admissible the action for annulment brought by Industrias Químicas del Vallés SA 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 of the European Union for a ruling on the substance;
4. 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 Industrias Químicas del Vallés SA to bear the costs.