Judgment of the General Court of 19 January 2012 - Xeda International and Pace International v Commission
(Case T-71/10)
(Plant protection products - Active substance diphenylamine - Non-inclusion in Annex I to Directive 91/414/EEC - Withdrawal of authorisations of plant protection products containing that substance - Action for annulment - Locus standi - Admissibility - Proportionality - Article 6(1) of Directive 91/414 - Rights of the defence - Article 3(2) of Regulation (EC) No 1095/2007)
Language of the case: English
Parties
Applicants: Xeda International SA (Saint-Andiol (France) and Pace International LLC (Seattle, Washington, United States) (represented by: C. Mereu, K. Van Maldegem, lawyers, and P. Sellar, Solicitor)
Defendant: European Commission (represented by: D. Bianchi and L. Parpala, Agents, and assisted by J. Stuyck, lawyer)
Re:
Annulment of Commission Decision 2009/859/EC of 30 November 2009 concerning the non-inclusion of diphenylamine in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2009 L 314, p. 79).
Operative part of the judgment
The General Court:
Dismisses the action;
Orders Xeda International SA and Pace International LLC to bear their own costs and to pay those of the European Commission, including the costs relating to the proceedings for interim measures.
____________1 - OJ C 100, 17.4.2010.