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Judgment of the General Court (Second Chamber) of 20 September 2011. # Arch Chemicals, Inc. and Arch Timber Protection Ltd (T-75/04), Rhodia UK Ltd (T-77/04), Sumitomo Chemical (UK) plc (T-78/04) and Troy Chemical Co. BV (T-79/04) v European Commission. # Actions for annulment - Health policy - Placing on the market of biocidal products - Regulation (EC) No 2032/2003 - Not individually concerned - Inadmissibility. # Joined cases T-75/04 and T-77/04 to T-79/04.
ECLI:EU:UNKNOWN:62004TJ0075
62004TJ0075
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(Joined Cases T-75/04 and T-77/04 to T-79/04)
Actions for annulment – Health policy – Placing on the market of biocidal products – Regulation (EC) No 2032/2003 – Not individually concerned – Inadmissibility
Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Possibility of being individually concerned by a general decision – Conditions – Commission regulation designed to establish the rules for applying the work programme for examining all existing active substances – Action brought by producers of active substances – Not individually concerned – Inadmissibility (Art. 230, fourth para., EC; Commission Regulation No 2032/2003) (see paras 47-51, 57-59, 62-63)
Re:
ACTION for annulment of Article 3, Article 4(2), Article 5(3), the second subparagraph of Article 10(2), Article 11(3), Article 13, Article 14(2) of and Annex II to Commission Regulation (EC) No 2032/2003 of 4 November 2003 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, and amending Regulation (EC) No 1896/2000 (OJ 2003 L 307, p. 1).
Operative part
The Court:
1.Dismisses the actions;
2.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 and to pay those incurred by the European Commission including, in the case of Sumitomo Chemical (UK) plc, those relating to the application for interim relief;
3.Orders the European Parliament, the Council of the European Union, the Kingdom of the Netherlands and the European Chemical Industry Council (CEFIC) to bear their own costs.