Op-Ed: “Out of balance – Why the CJEU ‘modern’ approach to reviewing EU agency science has gone too far (CWS Powder, joined cases T-279/20, T-288/20 and T-283/20)” by Maria Weimer and Marta Morvillo

How far should the CJEU go in reviewing EU agency science? We comment on the recent General Court judgment in CWS Powder (joined cases T-279/20, T-288/20 and T-283/20) concerning EU chemicals regulation. We argue that in this case the General Court has gone too far, overstepping the boundaries of the ‘limited review’ of technical administrative discretion. At the same time, the judgement is a manifestation of broader problematic tendencies in CJEU case law since Pfizer, which risk undermining the delicate balance between effective judicial review and the need to respect the institutional prerogatives of the EU administration. The CJEU is not a super-expert and should revert to a more deferential approach.  

EU regulation relies on