The Court of Justice of the EU (CJEU) will hear a potentially crucial case this week challenging a decision by the European Commission to withdraw approval for a fungicide formerly used to protect against potato blight.

The substance mancozeb was withdrawn from the EU market in late 2020 by the previous European Commission.

In a case to be heard tomorrow (Tuesday, July 1) by the CJEU, UK-based UPL Europe Ltd and Netherlands-based Indofil Industries will challenge the commission's 2020 decision.

Both applicants are manufacturers of agricultural chemicals, and both supplied mancozeb-based products to the EU market prior to the withdrawal of its approval.

This action was initially brought against the commission in December 2020, not long after the commission decided to withdraw approval for mancozeb.

The application document states that the applicants are calling on the court to annul the commission’s Implementing Regulation (EU) 2020/2087, concerning the non-renewal of the approval of the active substance mancozeb.

The applicants claim that the assessment procedure that led to mancozeb's withdrawal was impaired by the infringement of the applicants' rights of defence.

They also claim that the assessment procedure was impacted by an infringement of the principle of sound and good administration, and the defendant's (the commission's) failure to act with impartiality.

Commenting on tomorrow's hearing, Copa Cogeca, the organisation which represents EU farm organisations and the agricultural co-operatives, said a ruling in favour of the applicants "could open the door for mancozeb to be re-approved and made available to growers".

Copa claimed that the commission's original decision to withdraw mancozeb "was based on outdated criteria that failed to reflect current scientific understanding".

"[Blight] infections are now appearing earlier in the season, even before planting is completed in some regions, with new, aggressive pathogen strains outpacing both crop breeding efforts and fungicide solutions available," Copa said.

According to Copa, the withdrawal of mancozeb "left many growers without viable alternatives at a time when climate volatility and pathogen evolution are intensifying disease pressure".

"This hearing is therefore more than a legal formality. It is a critical test of the EU’s ability to ground regulatory decisions in up-to-date scientific guidelines and real-world agricultural needs," the EU farm organisation added.