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Order of the Court of First Instance (Sixth Chamber) of 26 November 2008. # Makhteshim-Agan Holding BV, Makhteshim-Agan Italia Srl and Magan Italia Srl v Commission of the European Communities. # 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. # Case T-393/06.
ECLI:EU:T:2008:531
62006TO0393(01)
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(Case T-393/06)
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 – No new Commission proposal after opposition by the Council – Article 5(6) of Decision 1999/468/EEC – Non-actionable measure – No request to act – Inadmissibility
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
The Court:
1.Dismisses the action as inadmissible;
2.Orders Makhteshim-Agan Holding BV, Makhteshim-Agan Italia Srl and Magan Italia Srl to pay their own costs and pay those incurred by the Commission;
3.Orders the European Crop Protection Association to pay its own costs.