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Case T-139/07: Order of the Court of First Instance of 4 September 2009 — Pioneer Hi-Bred International v Commission (Approximation of laws — Deliberate release into the environment of genetically modified organisms — Authorisation procedure for placing on the market — Failure by the Commission to submit draft measures to the regulatory committee — Action for failure to act — Action which becomes devoid of purpose in the course of proceedings — No need to adjudicate)
ECLI:EU:UNKNOWN:62007TB0139
62007TB0139
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Official Journal of the European Union
C 267/64
(Case T-139/07)
(Approximation of laws - Deliberate release into the environment of genetically modified organisms - Authorisation procedure for placing on the market - Failure by the Commission to submit draft measures to the regulatory committee - Action for failure to act - Action which becomes devoid of purpose in the course of proceedings - No need to adjudicate)
2009/C 267/115
Language of the case: English
Parties
Applicant: Pioneer Hi-Bred International, Inc. (Iowa, United States) (represented by: J. Temple Lang, Solicitor)
Defendant: Commission of the European Communities (represented initially by: D. Lawunmi and C. Zadra, and subsequently by P. Oliver and C. Zadra, acting as Agents)
Re:
Application for a declaration under Article 232 EC that, by failing to submit to the regulatory committee, in accordance with Article 5(2) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ 1999 L 184, p. 23), a draft of the measures to be taken with regard to the notification by the applicant relating to the placing on the market of genetically modified maize 1507, the Commission has failed to fulfil its obligations under Article 18(1) of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ 2001 L 106, p. 1).
Operative part of the order
1.There is no need to adjudicate in the present action.
2.The Commission of the European Communities shall bear its own costs and pay those incurred by Pioneer Hi-Bred International Inc.
* * *
(<span class="super">1</span>) OJ C 155, 7.7.2007.