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Case T-311/06: Order of the Court of First Instance of 17 June 2008 — FMC Chemical and Arysta Lifesciences v EFSA (Action for annulment — Action for damages — Directive 91/414/EEC — Plant protection products — Opinion of the European Food Safety Authority — Non-actionable measure — Preparatory measure — Inadmissibility)

ECLI:EU:UNKNOWN:62006TB0311

62006TB0311

January 1, 2006
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15.8.2008

Official Journal of the European Union

C 209/53

(Case T-311/06)

(Action for annulment - Action for damages - Directive 91/414/EEC - Plant protection products - Opinion of the European Food Safety Authority - Non-actionable measure - Preparatory measure - Inadmissibility)

(2008/C 209/94)

Language of the case: English

Parties

Applicants: FMC Chemical SPRL (Brussels, Belgium) and Arysta Lifesciences SAS (Noguères, France) (represented by: C. Mereu and K. Van Maldegem, lawyers)

Defendant: European Food Safety Authority (EFSA) (represented initially by: A. Cuvillier and D. Detken, subsequently by A. Cuvillier and S. Gabbi, Agents)

Intervener in support of the applicant: European Crop Protection Association (ECPA), (Brussels, Belgium) (represented by D. Waelbroeck and N. Rampal, lawyers)

Intervener in support of the defendant: Commission of the European Communities (represented by B. Doherty, Agent)

Re:

APPLICATION for (i) annulment of the opinion of EFSA of 28 July 2006 on the assessment of the active substance carbofuran under Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the marked (OJ 1991 L 230, p. 1), and (ii) compensation for the damage sustained

Operative part of the order

1.The action is dismissed.

2.FMC Chemical SPRL, Arysta Lifesciences SAS, the European Food Safety Authority (EFSA), the European Crop Protection Association (ECPA) and the Commission shall each bear their own costs.

(<span class="super">1</span>) OJ C 326, 30.12.2006.

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