Judgment of the General Court of 14 June 2012 - Stichting Natuur en Milieu, Pesticide Action Network Europe v Commission
(Case T-338/08)
(Environment - Regulation (EC) No 1367/2006 - Maximum residue levels for pesticides - Request for internal review - Refusal - Measure of individual scope - Validity - Aarhus Convention)
Language of the case: Dutch
Parties
Applicants: Stichting Natuur en Milieu (Utrecht (Netherlands)), Pesticide Action Network Europe (London (United Kingdom)) (represented by: B. Kloostra and A. van den Biesen, lawyers)
Defendant: European Commission (represented initially by B. Burggraaf and S. Schønberg and subsequently by B. Burggraaf and P. Oliver, Agents)
Interveners in support of the defendant : Republic of Poland (represented initially by M. Dowgielewicz and subsequently by M. Szpunar, Agents); and Council of the European Union (represented by: K. Michoel and B. Driessen, Agents)
Re:
Application for annulment of the decisions of the Commission of 1 July 2008 rejecting as inadmissible the requests made by the applicants for review by the Commission of Commission Regulation (EC) No 149/2008 of 29 January 2008 amending Regulation (EC) No 396/2005 of the European Parliament and of the Council by establishing Annexes II, III and IV setting maximum residue levels for products covered by Annex I thereto (OJ 2008 L 58, p. 1)
Operative part of the judgment
The Court:
Annuls the decisions of the Commission of 1 July 2008 rejecting as inadmissible the requests made by Stichting Natuur en Milieu and Pesticide Action Network Europe for review by the Commission of Commission Regulation (EC) No 149/2008 of 29 January 2008 amending Regulation (EC) No 396/2005 of the European Parliament and of the Council by establishing Annexes II, III and IV setting maximum residue levels for products covered by Annex I thereto;
Orders the European Commission to bear, in addition to its own costs, the costs incurred by Stichting Natuur en Milieu and Pesticide Action Network Europe;
Orders the Polish Republic and the Council of the European Union to bear their own costs.
____________1 - OJ C 301, 22.11.2008.