Today, the Court of Justice of the EU concluded that the European Commission acted unlawfully by re-approving cypermethrin in 2021, with major gaps in the reapproval dossier, by relying on unscientific and unrealistic risk mitigation measures for insects, and by not evaluating the long-term toxicity of at least one cypermethrin-based product. The EU Court reminded that the European Commission's decisions must be science-based and sufficiently motivated. [1]
It is the first time a civil society organisation has brought an EU pesticide approval case to the EU’s highest court. This was made possible by the 2021 revision of the Aarhus Regulation, which granted NGOs access to justice to challenge pesticide approvals at the EU level. In 2024, the General Court of the EU dismissed the case against the re-approval of cypermethrin [2], and PAN Europe appealed that decision in front of the Court of Justice [3][4]. In June 2025, the Advocate General published an opinion [5] supporting most of PAN Europe's arguments. In today's judgement, the Court confirmed a series of illegal, but unfortunately recurrent, practices from the European Commission.
“In line with previous rulings, the EU Court reminded that the decision-making on pesticides must be science-based and duly justified; it was not the case.” said Martin Dermine, Executive Director of PAN Europe. “EU law is not optional: it is unfortunately recurrent that the Commission, sometimes under pressure from Member States as for cypermethrin, reapproves substances that do not meet the safety criteria."
The judgement highlights that the European Commission cannot sidestep the European Food Safety Authority (EFSA) scientific conclusions without providing strong and evidence-based justifications.
”EFSA had clearly stated that no safe use of cypermethrin could be identified under realistic conditions. However, the Commission went against that opinion by fabricating non-validated risk mitigation measures, such as an unrealistic 99% reduction in spray drift, pretending it would make the use of the substance safe. This case is unfortunately not isolated: it is a recurrent practice," added Salomé Roynel, Policy Officer at PAN Europe.
Professor Antoine Bailleux, legal counsel of PAN Europe, said: "After the disappointment of the General Court’s judgment, this ruling comes as a true relief. I would even call it a ray of hope in a period marked by a massive rollback of environmental legislation. In line with its Advocate General, the Court considers, among other things, that (1) The Commission must set out in detail why it renews an active substance despite ‘critical areas of concerns’ raised by EFSA. For instance, the Commission cannot re-approve an active substance on the ground that its harmful effect on wild animals (bees, frogs, etc.) can be “mitigated” by measures that are not demonstrated to be realistic ; (2) the long-term toxicity of the various components of a plant protection product (including but not limited to the active substance), including their ‘cocktail effects’, must be thoroughly examined. These two points stand to common sense but were ignored in the renewal of cypermethrin."
The ruling annuls the Commission’s decision to reject PAN Europe’s request for internal review, asking to withdraw the Commission regulation renewing the EU approval of cypermethrin. The Commission is now required to comply with the ruling and review its decision. This should lead to the withdrawal of cypermethrin approval.
Background
Cypermethrin is a synthetic pyrethroid insecticide highly toxic to bees and aquatic organisms, and suspected to disrupt the human endocrine system. Despite clear warning signs (‘critical areas of concern’) and an incomplete dossier, the European Commission and Member States reapproved the substance in 2021. PAN Europe launched a legal challenge, arguing that the Commission ignored EU law, EFSA’s scientific assessment, and the precautionary principle.
[1] Judgement availabe in French only, for the time being
[5] EU Court advocate general considers EU-re-approval of cypermethrin unlawful
Contacts:
Martin Dermine, Executive Director, martin [at] pan-europe.info, +32 486 32 99 92
Salomé Roynel, Policy Officer, salome [at] pan-europe.info, +32 451 02 31 33
