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Case T-262/10: Judgment of the General Court of 25 October 2011 — Microban International and Microban (Europe) v Commission (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)
ECLI:EU:UNKNOWN:62010TA0262
62010TA0262
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3.12.2011
Official Journal of the European Union
C 355/19
(Case T-262/10) (<span class="super">1</span>)
(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)
2011/C 355/33
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:
1.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.
2.Orders the European Commission to pay its own costs and those incurred by Microban International Ltd and Microban (Europe) Ltd.
(<span class="note">1</span>) OJ C 221, 14.8.2010.