Judgment_paragraph 56 · Mellifera eV, Vereinigung für wesensgemäße Bienenhaltung v European Commission (T-12/17)

56In the present case, it should be noted that Implementing Regulation 2016/1056 was adopted on the basis of the first paragraph of Article 17 of Regulation No 1107/2009. It is clear from that provision that the measure for which it provides is to be taken in the context of a procedure for the renewal of the approval of an active substance. According to Article 15(1) of Regulation No 1107/2009, the application for renewal is to be submitted by the producer of the active substance in question. It should also be noted that, according to the first paragraph of Article 17 of Regulation No 1107/2009, a measure postponing the expiry of the approval ‘for that applicant’ is to be taken where, for reasons ‘beyond the control of the applicant’ it appears that the approval will expire before a decision has been taken on renewal. It is therefore clear from the wording of the first paragraph of Article 17 of Regulation No 1107/2009 that the measure provided for in that provision is intended to protect the interests of the applicant for renewal of approval of the active substance, which the Commission moreover accepted in the rejoinder. The fact that such a measure is taken without it being necessary for the applicant for renewal to submit an application to that effect does not alter that finding.