Approval of pesticides: Commission's lack of transparency ruled unlawful by the CJEU

The European Court of Justice ruled on 25/03/2026 that the European Commission's refusal to allow the NGO ClientEarth access to documents relating to the approval of pesticides was unlawful.

The NGO's action for annulment challenged an implied decision by the Commission in 2021 refusing access to information relating to the approval of mancozeb and cypermethrin, pesticides used in agriculture that are toxic to bees and fish.

Out of 103 documents listed, the NGO was given partial permission to consult only 5, with the Commission citing a potential "substantial and concrete impact on the decision-making process ", regarding especially the votes and positions of the Member States.

However, according to the Court, "the mere reference to a risk of negative repercussions linked to access to internal documents and to the possibility that interested parties might exert an influence on the procedure cannot suffice for the purposes of proving that disclosure of those documents would seriously undermine the decision-making process of the institution concerned".

He added that "the Commission has…