Two Applicants Object To Their Active Substance Being Listed As A Candidate For Substitution

In case T-296/15, Industria Quimicas del Valles v Commission, the applicant requested the Court to disapply parts of Regulation 1107/2009 (the "PPPR") which set the criteria for creating a list of substances that are candidates for substitution. The applicant also requested the Court to annul Regulation 2015/408 (the "Implementing Regulation") insofar as it includes metalaxyl in the list of candidates for substitution.

The applicant claims the PPPR is unlawful because:

• it breaches the precautionary principle as the substitution criteria are based on hypothetical risks that are not objectively substantiated;
• it breaches the principle of proportionality in that it goes beyond what is strictly necessary to achieve protection;