## Facts

- Microban International Ltd challenged a European Commission decision concerning the use of triclosan, an antibacterial agent, in specific plastics intended for food contact.
- The Commission decided to remove triclosan from the list of approved substances for these food-contact plastics.
- The removal had a significant impact on Microban’s business operations.
- Microban contended that the decision was a regulatory act that required no further implementing measures and was therefore directly challengeable.

## Issues

1. Whether the Commission decision on triclosan amounted to a regulatory act that produced binding legal effects and directly concerned Microban.
2. Whether the implementation of the decision necessitated further measures at either the EU or national level.
3. Whether the absence of further implementing measures permitted the decision to be challenged directly by affected parties under EU law.

## Decision

- The General Court found that the Commission’s decision constituted a regulatory act with immediate legal effects directly impacting Microban.
- The Court held that no further implementing measures, whether at EU or national level, were necessary for the decision’s legal effects to take hold.
- Consequently, the decision was deemed directly challengeable by Microban.
- The judgment established a precedent for determining when regulatory acts are directly challengeable under EU law.

## Legal Principles

- Regulatory acts that are final, self-executing, and require no further implementing measures are susceptible to direct challenge before the European Courts.
- Acts not requiring further implementation differ from those where only the implementing measures may be contested.
- Recognition of direct challengeability enhances legal certainty and strengthens judicial review by enabling affected parties to seek remedies without waiting for additional legislation.

## Conclusion

The General Court affirmed that regulatory acts with immediate effect and no need for further implementing measures are directly challengeable by those concerned, thereby enlarging judicial review opportunities and reinforcing legal accountability within the EU system.


Microban International Ltd v Commission (Case T-262/10) [2011] ECR II-7697