Bayer v. European Commission

T-429/13 // C-499/18 P
August 19, 2013
Final judgment
European Union, Luxembourg

Economic stakeholders
Bayer
European Commission
Bernard Fau, Jean-François Funke, Bondine Kloostra, B. Tschida, A. Willand, L. Smale

Civil court
, Neonicotinoid, Clothianidin, Imidacloprid, Thiamethoxam
Annul the contested measure in its entirety or, in the alternative, in so far as it concerns the active substances imidacloprid and clothianidin; order the Commission to pay the costs.
Court of Justice of Luxembourg, European Union

May 6, 2021
Positive
The Appeal Court dismisses the appeal.

Bayer challenges the Commission Decision of 24/5/2013 prohibiting the use of the neonicotinoids clothianidin and imidacloprid and the use and sale of seeds treated with those active substances (OJ 2013 L 139, p. 12). UNAF, PAN-EU, Bee Life, Buglife and Greenpeace are intervening in support of the Commission, as are the Kingdom of Sweden, Deutscher Berufs- und Erwerbsimkerbund and Österreichischer Erwerbsimkerbund, as well as Stichting De Bijenstichting on the appeal. On May 17, 2018 the court dismisses the actions. On 07/27/2018, Bayer appeals against the decision. The appeal is dismissed on May 6, 2021. The European Commission was indeed entitled to ban the use of neonicotinoids on bee-attractive crops in 2013.