In a decision that marks a historic turning point in the defense of citizens and the environment, the Court of Justice of the European Union has declared illegitimate the reapproval of cypermethrin, a toxic insecticide, by the European Commission in 2021. The ruling represents a milestone, it is in fact the first time that a civil society organization (specifically PAN Europe) has managed to have the approval of a pesticide annulled at EU level.
How PAN Europe’s legal battle began
Today’s decision comes after years of legal struggle carried out by PAN Europe, thanks also to the revision of the 2021 Aarhus Regulation, which finally granted NGOs the right to challenge pesticide approvals. After the refusal of the General Court of the EU in 2024, PAN Europe had appealed to the Court of Justice.
Now the Court has confirmed what PAN Europe denounced: the European Commission ignored the science, relied on unrealistic and unproven risk mitigation measures to justify the use of cypermethrin, and did not adequately assess the long-term toxicity of products containing this substance.
The sentence reads:
The Commission cannot conclude that a ‘safe’ use exists without having ensured that the risk mitigation measures adopted for this purpose actually, and not just in theory, allow the identified risk to be brought back to an acceptable level.
And the Court recalls that:
In order to ensure compliance with the precautionary principle, the harmlessness of a plant protection product cannot be presumed.
Why Cypermethrin is so dangerous
Cypermethrin is a highly toxic synthetic pyrethroid, with devastating effects on bees, other pollinating insects and aquatic organisms. Scientific studies have also highlighted its potential role as a human endocrine disruptor, making it particularly dangerous for public health.
Despite these warning signs, the European Commission had tried to justify the reapproval by pointing to unrealistic risk mitigation measures, such as a fictitious 99% reduction in spray dispersion. The Court, however, underlined that EFSA’s scientific advice cannot be ignored, nor can dangerous chemicals be approved based on unverified assumptions.
An exceptional sentence with concrete effects
According to Martin Dermine, executive director of PAN Europe, this ruling shows that EU law is not optional, and that decisions on pesticides must be scientifically based and transparent.
Professor Antoine Bailleux called the ruling a “real ray of hope” at a time when environmental legislation appears to be backsliding. The Court clarified that the Commission must explain in detail why it renews the authorization of an active substance despite the critical issues highlighted by EFSA and carefully evaluate the combined effects (“cocktails”) of the various components of plant protection products.
What will happen now
The Court’s decision overturns the previous rejection of the internal review request submitted by PAN Europe and obliges the Commission to review the approval of cypermethrin. If the Commission follows the ruling, this could lead to the revocation of the authorization of the substance, a historic victory for the protection of the environment, biodiversity and citizens’ health.
A decisive step forward to protect bees, wild animals and ourselves from the most dangerous pesticides.
