Josh Holmes QC and Jack Williams have been instructed by Symphony Environmental Technologies PLC and Symphony Environmental Ltd (the Applicants) in relation to an Article 340 TFEU damages claim against the EU institutions to be heard in the EU court in Luxembourg.
The applicants claim that, under Article 340 (2) TFEU and Article 41 (3) of the Charter of Fundamental Rights, the EU institutions are not contractually liable for the adoption of Article 5 and Recital 15 (insofar as they apply to Oxo (biodegradable plastic) Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the effects of certain plastic products on the environment (OJ L 155, 12.6.2019, pp. 1-19)) (“The Directive”) .
According to Article 5 of the Directive, Member States prohibit “the placing on the market of single-use plastic products listed in Part B of the Annex and products made from oxo-degradable plastic”.
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The applicants argue that the restriction imposed by Article 5 of the Directive within the meaning of the definition of “oxo-degradable plastic” in Article 3 (1) and (3) includes a total ban on the placing of oxo-biodegradable plastic on the market (“the Article 5 prohibition “), it is illegal. This is based on the fact that the acceptance of the prohibition under Article 5 is impaired by procedural errors, violates the principle of proportionality, is based on obvious assessment errors, relevant considerations are not taken into account, is discriminatory and violates the fundamental rights of applicants. Accordingly, they are demanding compensation.