Media release
Secrecy in EU pesticide approvals ruled unlawful — a landmark win for transparency and nature
25/03/2026
Lawyers have hailed a major legal breakthrough for transparency and environmental protection, as the EU’s top court ruled today that the lack of transparency surrounding pesticide authorisations under the so-called comitology procedure is unlawful.
This ruling comes at a critical moment – only weeks after the Commission proposed to authorise chemicals in pesticides for unlimited periods under its controversial Food and Feed Omnibus.
At EU level, Member State representatives and the European Commission regularly authorise these chemicals behind closed doors through comitology procedures.
In 2021, ClientEarth lawyers requested access to documents to understand why the Standing Committee on Plants, Animals, Food and Feed (PAFF Committee), composed of the Commission and Member States representatives, had agreed to renew the approval of cypermethrin — a substance known to harm bees and aquatic environment — despite clear warnings from the European Food Safety Authority.
The Commission refused access to these key documents, preventing public scrutiny of the decision-making process, particularly the positions and votes of Member States’ representatives. ClientEarth subsequently challenged this refusal before the Court of Justice of the European Union.
Today’s ruling confirms that such opacity is unlawful and undermines citizens’ right to understand how decisions affecting their health and the environment are made as well as their right to participate in EU decisions.
ClientEarth lawyer Anne Friel said:
“This ruling sends a clear message: decisions that affect people’s health and the environment cannot be taken behind closed doors. Transparency is not optional — it is a legal requirement.
“For too long, approvals of toxic chemicals have been shielded from public scrutiny. Today’s judgment is a major step towards accountability and better protection for nature, including vital pollinators like bees.”
Lawyers are urging policy makers to comply with the ruling and improve transparency across the board.
Meanwhile, another judgment about the lawfulness of the EU Commission’s decision to renew the authorisation of glyphosate is still pending – with a decision expected in 2026.
ENDS
Notes to editors
About the case
In 2021, ClientEarth requested from the Commission access to Member State positions and voting positions in the Standing Committee on Plants, Animals, Food and Feed on the reauthorisation of cypermethrine and the non-authorisation of mancozeb, two active substances used in plant protection products.
The Commission rejected this request and on 6 August 2021 ClientEarth challenged that rejection before the Court. The case was then suspended for a number of years awaiting the outcome in parallel proceedings before the Court.
A hearing then took place at the General Court in Luxembourg on 14 July 2025.
On Cypermethrin
In the case of cypermethrin, the European Food Safety Authority identified the following critical areas of concern:
- a high risk to aquatic organisms;
- a high risk to honeybees;
- a high off-field risk to non-target arthropods.
PAN-Europe successfully challenged the renewal of the approval of Cypermethrin before the European Court of Justice (Judgment of 18 December 2025, Case C-316/24 P).
The Court confirmed that the renewal decision had not been based on a solid and complete risk assessment. In particular, it had not been proven that the risks of cypermethrin to non-target arthropods could be sufficiently minimized in practice.
On the Food and Feed Omnibus
Read about ClientEarth’ legal opinion on the weakening of the protection standards in the Food & Feed Omnibus
Related legal cases:
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Read about the pending case against the EU’s decision to reauthorise glyphosate for another ten years – despite mounting evidence of its toxicity for human health and the environment. ClientEarth expects that a hearing date will be set in the next months.
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In September 2025, ClientEarth lawyers challenged the European Commission for ditching key transparency rules, in blatant breach of EU law and binding court decisions. Read about the background of this case
About ClientEarth
ClientEarth is a non-profit organisation that uses the law to create systemic change that protects the Earth for – and with – its inhabitants. We are tackling climate change, protecting nature and stopping pollution, with partners and citizens around the globe. We hold industry and governments to account and defend everyone’s right to a healthy world. ClientEarth teams in Europe, Asia and the USA work to shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive together.