Official Journal of the European Union

C 273/29

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(Case T-291/04)

(2004/C 273/58)

Language of the case: English

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 16 July 2004 by Enviro Tech Europe, Ltd., Kingston upon Thames, United Kingdom and Enviro Tech International, Inc., Illinois, USA, represented by Mr C. Mereu and Mr K. Van Maldegem, lawyers.

The applicant claims that the Court should:

I.partially annul Commission Directive 2004/73/EC of 29 April 2004 (OJ L 152, p. 1) with respect to the listing of nPB as a highly flammable (R11) and a Category 2 substance for reproductive toxicity (R60);

II.declare the Commission liable for damages suffered by the applicants to date and pending these proceedings as a result of the Commission's unlawful conduct, including but not limited to its denial of the applicants' request and related adoption of the contested decision, and to compensate the applicants for such damages in the provisional amount of EUR 350 000;

III.declare the Commission liable for imminent losses and damages foreseeable with sufficient certainty, even if such losses and damages cannot be precisely assessed;

IV.order the Commission to pay all costs and expenses in these proceedings.

Pleas in law and main arguments:

The applicants seek the partial annulment of Commission Directive 2004/73/EC of 29 April 2004 adapting to technical progress for the twenty-ninth time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (1) insofar as it concerns the classification of n-propyl bromide.

The pleas in law and main arguments invoked in this case are similar to those invoked in case T-422/03, Enviro Tech Europe and Enviro Tech International against Commission (OJ 2004 C 47, p. 35).

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(1) OJ L 152, p. 1

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