Judgment of the General Court of 25 October 2011 - Microban International and Microban (Europe) v Commission
(Case T-262/10)
(Public health - List of additives which may be used in the manufacture of plastic materials and articles intended to come into contact with foodstuffs - Withdrawal by the original applicant of the application for inclusion of an additive on the list - Commission decision not to include 2,4,4'-trichloro-2'-hydroxydiphenyl ether in the list - Actions for annulment - Admissibility - Regulatory act - Whether directly concerned - No implementing measures - Legal basis)
Language of the case: English
Parties
Applicants: Microban International (Huntersville, North Carolina, United States) and Microban (Europe) Ltd (Cannock, United Kingdom) (represented by: M. Sánchez Rydelski, lawyer)
Defendant: European Commission (represented by: L. Pignataro and T. Scharf, Agents)
Re:
ACTION for annulment of Commission Decision 2010/169/EU of 19 March 2010 concerning the non-inclusion of 2,4,4'-trichloro-2'-hydroxydiphenyl ether in the Union list of additives which may be used in the manufacture of plastic materials and articles intended to come into contact with foodstuffs under Directive 2002/72/EC (OJ 2010 L 75, p. 25).
Operative part of the judgment
The Court:
Annuls Commission Decision 2010/169/EU of 19 March 2010 concerning the non-inclusion of 2,4,4'-trichloro-2'-hydroxydiphenyl ether in the Union list of additives which may be used in the manufacture of plastic materials and articles intended to come into contact with foodstuffs under Directive 2002/72/EC.
Orders the European Commission to pay its own costs and those incurred by Microban International Ltd and Microban (Europe) Ltd.
____________1 - OJ C 221, 14.8.2010.