Troy Chemical Company and Troy v Commission (nterim measures - Biocidal products - Order)

(Interim measures – Biocidal products – Implementing Regulation (EU) 2021/348 – Approval of carbendazim as an existing active substance for use in biocidal products of product-types 7 (film preservatives) and 10 (masonry preservatives) – Application for suspension of operation of a measure – No urgency)

European Commission, represented by R. Lindenthal and M. Farley, acting as Agents,

APPLICATION under Articles 278 and 279 TFEU seeking, first, suspension of operation of Commission Implementing Regulation (EU) 2021/348 of 25 February 2021 approving carbendazim as an existing active substance for use in biocidal products of product-types 7 and 10 (OJ 2021 L 68, p. 174), and, second, the grant of any other interim measures which the General Court considers appropriate,

The first applicant, Troy Chemical Company BV, is a company incorporated under Netherlands law which places biocidal products on the EU market, in particular film preservatives and masonry preservatives containing carbendazim, and the second applicant, Troy Corp., which is a company incorporated under the law of the State of Delaware (United States), is [ confidential ].

Biocidal products are necessary for the control of organisms that are harmful to human or animal health and for the control of organisms that cause damage to natural or manufactured materials. However, biocidal products can pose risks to humans, animals and the environment due to their intrinsic properties and associated use patterns.