The European General Court has dismissed EFPIA’s legal action (Case T-158/25) seeking the annulment of the Urban Wastewater Treatment Directive (UWWTD). The ruling, however, is based solely on procedural grounds and does not address the substance of the Directive, leaving the underlying legal questions unresolved.
Court dismisses EFPIA case on procedural grounds
In its decision, the Court concluded that EFPIA had not demonstrated that it was individually concerned by the provisions of the Directive it challenged. This requirement, together with being directly concerned, represents one of the cumulative legal conditions that must be met in order to establish legal standing before the EU General Court. Because these conditions were not considered satisfied, the Court declared the action inadmissible. As a result, the ruling does not examine the merits of EFPIA’s arguments nor the broader legal validity of the Urban Wastewater Treatment Directive.
Following the decision, EFPIA reaffirmed its commitment to ensuring that EU legislation is implemented in full respect of fundamental principles of EU law. Among these, the association highlighted the importance of the “polluter pays” principle, as well as the principles of non-discrimination and proportionality. Since the Court did not address the substance of the case, these legal issues remain open and could still be examined in other proceedings.
Implications for AESGP’s intervention request
The dismissal of EFPIA’s action also resulted in the non-adjudication of AESGP’s request to intervene in the case. AESGP, which represents the self-care industry, had sought to participate in the proceedings to support the arguments raised. According to the association, the key legal questions surrounding proportionality, non-discrimination and the polluter-pays principle should instead be assessed in other ongoing cases, particularly Poland’s legal challenge against the UWWTD (Case C-193/25).
Legal scrutiny of the Directive is continuing through other channels. In parallel with EFPIA’s action, the Irish Pharmaceutical Healthcare Association (IPHA) is advancing a case before the High Court in Ireland, seeking a referral to the Court of Justice of the European Union (CJEU) for a preliminary ruling on the validity of the Directive. The General Court’s order also clarifies an important procedural point: when national courts have doubts about the validity of an EU Directive, they should refer the matter to the CJEU.
For this reason, although EFPIA’s action has been dismissed, the broader legal debate surrounding the Urban Wastewater Treatment Directive is likely to continue in both national courts and EU-level proceedings.