The General Court of the European Union has delivered a landmark judgment, supporting the European Commission's stringent regulation on the use of carbendazim in biocidal products. In the case of Troy Chemical Company BV and Troy Corp. versus the European Commission, the court dismissed the action brought by the applicants, upholding the Commission's decision to impose specific conditions on the use of carbendazim.
Carbendazim, a systemic fungicide, has been at the centre of environmental and health concerns. The case, referenced as Case T-297/21, highlights the ongoing tension between industry interests and regulatory efforts aimed at protecting public health and the environment. The General Court's ruling, delivered on January 17, 2024, affirms the Commission's 2021 regulation approving carbendazim under strict conditions, particularly for outdoor use in products like paints and plasters.
The applicants, Troy Chemical Company BV, based in the Netherlands, and its holding company, Troy Corp., based in the United States, sought annulment of the Commission's regulation. They argued that the Commission erred in law and committed a manifest error in assessment by setting a three-year approval period for carbendazim and imposing specific conditions prohibiting its use in certain outdoor applications.
The Court, however, found no merit in the applicants' claims. It held that the Commission had acted within its discretionary powers and had not committed any error in law or assessment. The judgement underscores the importance of the precautionary principle in EU regulatory processes, especially concerning substances that could pose risks to human and environmental health.
This ruling is a significant victory for environmental and public health advocates. It reaffirms the EU's commitment to stringent regulatory standards for biocidal products, balancing market interests with the imperative to safeguard health and the environment. The decision also sets a precedent for future regulatory actions concerning biocidal products and active substances with potentially harmful effects.
The case's outcome has implications beyond the immediate matter of carbendazim. It strengthens the regulatory framework governing biocidal products in the EU and reinforces the principle that public health and environmental protection are paramount considerations in the approval and use of such products.
