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Case T-393/06: Order of the Court of First Instance of 26 November 2008 — Makhteshim-Agan Holding and Others v Commission (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)
ECLI:EU:UNKNOWN:62006TB0393
62006TB0393
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7.2.2009
Official Journal of the European Union
C 32/34
(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 - 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)
(2009/C 32/65)
Language of the case: English
Parties
Applicants: Makhteshim-Agan Holding BV (Amsterdam, Netherlands); Makhteshim-Agan Italia Srl (Bergamo, Italy); and Magan Italia Srl (Bergamo) (represented by: K. Van Maldegem and C. Mereu, lawyers)
Defendant: Commission of the European Communities (represented by: L. Parpala and B. Doherty, Agents)
Party intervening in support of the applicants: European Crop Protection Association (ECPA) (Brussels, Belgium)(represented by: D. Waelbroeck and N. Rampal, lawyers)
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 of the order
The Court hereby orders:
1.The action is dismissed as inadmissible.
2.Makhteshim-Agan Holding BV, Makhteshim-Agan Italia Srl and Magan Italia Srl shall bear their own costs and pay those incurred by the Commission.
3.The European Crop Protection Association shall bear its own costs.
(1) OJ C 20, 27.1.2007.