Pollinis France has filed a case against the European Commission, marked as Case T-75/24, demanding the annulment of a decision dated 1 December 2023. This decision extended the approval period of boscalid, an active substance in certain pesticides, despite substantial concerns about its environmental and health impacts. The official details of the case were published in the C series of the Official Journal of the European Union.
Legal Grounds of the Appeal
First Plea: Violation of EU Regulations and Fundamental Rights
The applicant argues that the decision to extend boscalid's approval violates several EU laws and principles, particularly the precautionary principle and fundamental rights regarding health and environmental protection. According to the claim, the extension should not have been granted given the unresolved safety concerns highlighted by the European Food Safety Authority.
Second Plea: Incompatibility with the Precautionary Principle
In a subsidiary argument, Pollinis France contends that the legal basis used for the extension, Article 17 of Regulation (EC) No 1107/2009, contradicts higher legal standards such as the precautionary principle and should be deemed inapplicable in this case.
Third Plea: Procedural Errors
The group further alleges that the Commission made several procedural errors, including failing to adequately assess whether the delays in the renewal process were caused by the applicant for renewal and whether the extension was genuinely necessary to review the application.
Potential Implications
This case highlights ongoing tensions between agricultural industry interests and environmental health concerns within the EU. The outcome could influence future decisions on pesticide approvals and renewals, potentially leading to stricter scrutiny and regulations in line with environmental and health protections.
Pollinis France has requested that the Court not only annul the contested decision but also order the European Commission to bear the costs of the proceedings. The case, conducted in English, continues to draw significant attention from legal experts, policymakers, and environmental activists across Europe.
