Notice for the OJ
SEQ CHAPTER \h \r 1
Action brought on 9 June 2004 by European Environmental Bureau and Stichting Natuur en Millieu against the Commission of the European Communities
(Case T-241/04)
Language of the case: English
An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 9 June 2004 by by European Environmental Bureau, Brussels, Belguim and Stichting Natuur en Millieu, Utrecht, The Netherlands, represented by Mr P. van den Biesen and Mr B. Arentz, lawyers.
The applicant claims that the Court should:
- Partially annul Commission Decision 2004/247/EC1 insofar as it concerns article 2 para 3 and article 3 sub b;
- Order the Commission to pay the costs of these proceedings;
Pleas in law and main arguments:
By the contested decision the Commission decided not to amended Annex I to Directive 91/4142 so as to include "Simazine" among the active substances listed there. Article 4 of Directive 91/414 states that only plant protection products containing substances listed in Annex I may be authorised by Member States. By refusing to include Simazine in Annex I the Commission decided not to allow further use of plant protection products containing this substance.
The applicants do not challenge this aspect of the decision but rather certain transitional provisions which allow until 30 June 2007 and subject to conditions aimed at minimising risk certain limited uses of products containing Simazine. In the preamble to its decision the Commission justified these transitional measures through the current absence of efficient alternatives and the need to allow time for their development.
In support of their application the applicants invoke the pleas and arguments invoked by the same applicants in case T-236/04.
____________1 - OJ L78 6.3.2004 p. 502 - Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market, Official Journal L 30 , 19/08/1991 P. 1 3