In a significant legal development dated 13 September 2023, Aurelia Stiftung, based in Germany, initiated legal proceedings against the European Commission. This case, registered as T-565/23 and conducted in German, addresses critical issues surrounding the controversial herbicide glyphosate.
Key Claims and Legal Grounds
Aurelia Stiftung's primary contention is the annulment of the Commission's Decision Ares (2023) 4611321 dated 3 July 2023. This decision pertains to the extension of glyphosate's approval period until 15 December 2023. The applicant also seeks the Commission to bear the legal costs.
The foundation argues that the Commission's decision contravenes EU law, particularly highlighting the failure to conduct a proper review under Article 10 of Regulation (EC) No 1367/2006. The applicant's main arguments are structured around several pleas in law:
Violation of Article 17 of Regulation (EC) No 1107/2009: The applicant asserts that the extension of glyphosate's approval does not align with the legal provisions of Article 17. This article permits extension only for implementing specific procedural steps, which, according to the applicant, were not followed in this case.
Incorrect Assessment of Renewal Application Responsibility: The Commission is accused of not adequately examining whether the renewal applicant was accountable for the delays caused by data gaps and incomplete risk assessments.
Neglect of Health and Environmental Protection: The applicant alleges that the Commission failed to consider health and environmental protection concerns adequately, which is a requirement under Article 17 of Regulation (EC) No 1107/2009.
Disregard for the Precautionary Principle: By overlooking health and environmental concerns, the Commission is also accused of not adhering to the precautionary principle in extending glyphosate's approval.
Breach of Duty to State Reasons: Finally, Aurelia Stiftung criticises the Commission for providing insufficient reasoning for its decision, thereby breaching the second paragraph of Article 296 TFEU.
This case underscores the ongoing debate and scrutiny over glyphosate's use and its regulatory approval process within the EU. For stakeholders, particularly those in the agricultural and chemical sectors, understanding the evolving legal landscape is crucial for compliance and risk mitigation.
