Judgment of the General Court (Second Chamber) of 18 October 2011 – Gutknecht v Commission

(Case T-561/08)

Non-contractual liability – Health policy – Biocidal products – Establishment of a list of active substances on the market – Adoption of regulations by the Commission by virtue of Directive 98/8/EC – Causal link

Non-contractual liability – Conditions – Causal link – Damage suffered following allegedly unlawful adoption by the Commission of legislative provisions implementing Directive 98/8 – No direct causal link between the damage and those provisions (Art. 288, second para., EC) (see paras 24-25, 30-38, 40)

Re:

ACTION for damages seeking compensation for the loss suffered following the allegedly unlawful adoption by the Commission of various regulations pursuant to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ 1998 L 123, p. 1) or, in the alternative, following the alleged failure by the Commission to adopt the measures necessary to ensure the right to protection of information supplied under that directive.

Operative part

The Court:

1. Dismisses the action;

2. Orders Mr Jürgen Gutknecht to bear his own costs and to pay those of the European Commission.