Order of the Court of First Instance of 26 November 2008 - Makhteshim-Agan Holding and Others v Commission
(Action for annulment - Action for failure to act - Directive 91/414/EEC - Plant protection products - Active substance azinphos-methyl - Inclusion in Annex I to Directive 91/414/EEC - Absence of a new Commission proposal after opposition by the Council - Article 5(6) of Decision 1999/468/EEC - Non-actionable measure - Absence of a request to act - Inadmissibility)
Language of the case: English
Parties
Applicants: Makhteshim-Agan Holding BV (Amsterdam, Netherlands); Makhteshim-Agan Italia Srl (Bergamo, Italy); and Magan Italia Srl (Bergamo) (represented by: K. Van Maldegem and C. Mereu, lawyers)
Defendant: Commission of the European Communities (represented by: L. Parpala and B. Doherty, Agents)
Party intervening in support of the applicants: European Crop Protection Association (ECPA) (Brussels, Belgium)(represented by: D. Waelbroeck and N. Rampal, lawyers)
Re:
Application for annulment of the Commission decision, alleged to be contained in a letter of 12 October 2006, not to submit a proposal with a view to inclusion of the active substance azinphos-methyl in Annex I to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ 1991 L 230, p. 1), or, in the alternative, application for a declaration that the Commission has failed to act in unlawfully failing to submit such a proposal.
Operative part of the order
The Court hereby orders:
1. The action is dismissed as inadmissible.
2. Makhteshim-Agan Holding BV, Makhteshim-Agan Italia Srl and Magan Italia Srl shall bear their own costs and pay those incurred by the Commission.
3. The European Crop Protection Association shall bear its own costs.
____________1 - OJ C 20, 27.1.2007.