Question
An EU regulation requires manufacturers of dishwashers to reclaim them from their owners once the machines have come to the end of their useful life
- An EU regulation requires manufacturers of dishwashers to reclaim them from their owners once the machines have come to the end of their useful life and to dispose of them in a way that causes minimum damage to the environment. You are asked for advice on the lawfulness of the regulation by Capsule plc, amanufacturer of dishwashers, which is concerned about the cost of complyingwith its requirements. Capsule recently patented a new type of commercial dishwasher which it has agreed to sell to several hotels and restaurants at a price which the regulation threatens to render uneconomic.
Advise Capsule whether it has standing to challenge the validity of the regulation before the General Court.
2. Concerned about the damage caused by climate change to the habitats of animals in Europe, the Council establishes the European Office for the Protection of Animals (EOPA). EOPA has law-making powers. One of its first acts is to address a decision to the Member States requiring them to prohibit the shooting of small birds.
Tweeter is an association set up to protect the interests of people who shoot small birds for sport. It is unhappy about the decision adopted by EOPA and seeks your advice on whether there is anything that can be done about it.
Advise Tweeter as to:
The nature of the decision adopted by EOPA;
Whether Tweeter has standing to challenge the validity of the decision adopted by EOPA in annulment proceedings before the General Court;
Whether Tweeter could challenge the validity of that decision inproceedings before a national court.
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