Judgment of the General Court of (Second Chamber) of 20 September 2011 - Arch Chemicals and Others v Commission
(Action for annulment - Health policy - Marketing of biocidal products - Regulation (EC) No 1451/2007 - Not individually concerned - Inadmissibility - Default procedure)
Language of the case: English
Parties
Applicants: Arch Chemicals, Inc. (Norwalk, Connecticut, United States); Arch Timber Protection Ltd (Castleford, West Yorkshire, United Kingdom); Rhodia UK Ltd (Watford, Hertfordshire, United Kingdom); Sumitomo Chemical (UK) plc (London, United Kingdom); Troy Chemical Co. BV (Vlaardingen, Netherlands) (represented by: K. Van Maldegem and C. Mereu, lawyers)
Defendant: European Commission (represented by: P. Oliver and E. Kružíková, acting as Agents)
Intervener in support of the applicants : European Chemical Industry Council (CEFIC), (Brussels, Belgium) (represented: initially by Y. van Gerven and V. Terrien, and subsequently by Y. van Gerven, lawyers)
Re:
Application for annulment of Article 3(2), Article 4, Article 7(3), the second subparagraph of Article 14(2), Article 15(3), Article 17 of and Annex II to Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (OJ 2007, L 325, p. 3)
Operative part of the judgment
The Court:
Dismisses the action;
Declares that there is no need to adjudicate on the applications for leave to intervene made by the European Parliament and the Council of the European Union;
Orders Arch Chemicals, Inc., Arch Timber Protection Ltd, Rhodia UK Ltd, Sumitomo Chemical (UK) plc and Troy Chemical Co. BV to bear their own costs;
Orders the European Chemical Industry Council (CEFIC) to bear its own costs.
____________1 - OJ C 128, 24.5.2008.