BASF has filed legal action with the General Court of the European Union challenging an EU ban on the company's insecticide Fipronil.

The European Commission introduced a ban on Fipronil in July, following a vote by Member States' experts in the Standing Committee on the Food Chain and Animal Health, and acting on the recommendations of its science advisory watchdog EFSA. The watchdog suggested that Fipronil could be harming bee populations; bees and other key insect pollinators are in decline across Europe and the Northern Hemisphere. 

An EFSA assessment found Fipronil posed "an acute risk" to bees,and the Authority warned that bees in the field could be exposed to the chemical in various different ways, including through pollen, guttation fluid and nectar.

Fipronil is sold under trade name Regent. A member of the phenylpyrazole family, it is often used as a seed treatment for maize. As Fipronil is only estimate to be used in five of the 28 member states, reaction to the restrictions was more muted than to an earlier partial ban on three neonicotinoids, introduced by the Commission at the beginning of the year. The manufacturers of the restricted neonicotinoids also took legal action in response to the Commission's decision.

BASF said in a statement on Tuesday (5th November) that the company "remains convinced that the decline of the bee population is caused by multiple and complex factors and that the ban of fipronil uses will not contribute to protecting bees."

Dr. Jürgen Oldeweme, BASF's safety and regulatory spokesperson, said, "Prior to the decision, we reached out to the EU Commission, but unfortunately our valid scientific studies and evidence were not properly taken into account." The company maintains that the EU authorities have based their restrictions on "a disproportionate application of the precautionary principle".

The precautionary principle underlines all environmental protection efforts; it holds that a lack of conclusive evidence should not prevent decision makers from taking action where there is a risk of serious environmental harm.

Upon announcing the restrictions in July, EU Health Commissioner Tonio Borg said, "In the aftermath of the restriction on use of neonicotinoids, I pledged to do my utmost to protect Europe's honey bee population and [the] agreement with Member States not only delivers on that pledge but marks another significant step in realising the Commission's overall strategy to tackling Europe's bees decline.