29.8.2016   

EN

Official Journal of the European Union

C 314/15

Appeal brought on 11 July 2016 by European Union Copper Task Force against the order of the General Court (Third Chamber) delivered on 27 April 2016 in Case T-310/15: European Union Copper Task Force v European Commission

(Case C-384/16 P)

(2016/C 314/21)

Language of the case: English

Parties

Appellant: European Union Copper Task Force (represented by: C. Fernández Vicién, I. Moreno-Tapia Rivas, C. Vila Gisbert, abogadas)

Other party to the proceedings: European Commission

Form of order sought

The applicant claims that the Court should:

—

Annul the Order of the Third Chamber of the General Court of the European Union of 27 April 2016 in Case T-310/15, European Union Copper Task Force v. European Commission.

—

Declare the admissibility of the action for annulment lodged by the European Copper Task Force against the Commission Implementing Regulation (EU) 2015/408.

—

Refer the case back to the General Court of the European Union for judgment.

—

Order the European Commission to pay the costs generated by these proceedings.

Pleas in law and main arguments

1.

The General Court committed an error of law by considering that Implementing Regulation 2015/408 (1) is a regulatory act that entails implementing measures within the meaning of the fourth paragraph of Article 263 TFEU.

2.

The General Court committed an error of law by considering that the dismissal of the EUCuTF’s action would not impair its right and its members’ right to effective judicial protection.

3.

The General Court committed an error of law by considering that the EUCuTF and its members were not individually affected by Implementing Regulation 2015/408.

(1)  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. OJ L 67, p. 18