European Union Copper Task Force v Commission

Action brought on 11 March 2019 – European Union Copper Task Force v Commission(Case T-153/19)Language of the case: English Parties Applicant: European Union Copper Task Force (Essex, United Kingdom)(represented by:I. Moreno-Tapia Rivas and C. Vila Gisbert, lawyers)Defendant: European Commission Form of order sought The applicant claims that the Court should:annul Commission Implementing Regulation (EU) No 2018/1981,1 to the extent that it renews the approval of copper compounds as a candidate for substitution on an unlawful legal basis;extend the effects of the annulment to Commission Implementing Regulation (EU) No 2015/408,2 insofar as it implemented Article 80(7) of Regulation 1107/2009 and included copper compounds in the list of active substances as candidates for substitution;declare that Commission Implementing Regulation (EU) No 2018/1981 has infringed the principle of proportionality;order the Commission to pay the costs. Pleas in law and main arguments In support of the action, the applicant relies on three pleas in law. First plea in law, alleging that Commission Implementing Regulation (EU) 2018/1981 renews the approval of copper compounds as a candidate for substitution on an unlawful legal basis. In particular:Articles 24 and Annex II, point 4, of Regulation (EC) No 1107/2009 3 infringe EU law because:Scientific evidence indicates that ‘PBT criteria’, in particular persistence, are not appropriate for copper. Application of PBT criteria to inorganic substances...