In this case, the Appellant challenged the rejection of its application for technical equivalence between its active substance, which is the active substance of the reference source, and another active substance, produced from an alternative source.
The Board of Appeal held that the Agency did not err in considering that the Appellant’s request was not necessary within the meaning of Article 54 of the Biocidal Products Regulation, as its active substance did not need to be assessed under that provision.
Moreover, the Agency did not err in stating that the technical equivalence between the two active substances, already assessed by the French Competent Authority, remained valid pending the outcome of an ongoing litigation in France.