In this ruling, the Court acknowledged the right of two environmentalist NGOs - Stichting Natuur en Milieu and Pesticide Action Network - to call for internal review of the regulation on maximum residue levels for pesticides in foodstuffs, after the Commission had ruled the requests inadmissible.
The NGOs challenged the means used by the Commission to justify its refusal (Regulation 1367/2006 which restricts requests for internal review by NGOs to measures of individual scope), taking the view that, on this point, the regulation is in breach of the Aarhus Convention.
The General Court found in favour of the NGOs, recognising that the Aarhus convention allows the public to challenge acts and omissions by individuals and public authorities, unlike environment law, which does not restrict itself to “acts of individual scope”.
