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Case T-420/05: Judgment of the Court of First Instance of 7 October 2009 — Vischim v Commission (Plant protection products — Active substance chlorothalonil — Inclusion in Annex I to Directive 91/414/EEC — Assessment procedure — Directive 2005/53/EC — Application for annulment — Application for a declaration of failure to act — Application for damages)

ECLI:EU:UNKNOWN:62005TA0420

62005TA0420

January 1, 2005
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21.11.2009

Official Journal of the European Union

C 282/38

(Case T-420/05)

(Plant protection products - Active substance chlorothalonil - Inclusion in Annex I to Directive 91/414/EEC - Assessment procedure - Directive 2005/53/EC - Application for annulment - Application for a declaration of failure to act - Application for damages)

2009/C 282/70

Language of the case: English

Parties

Applicant: Vischim Srl (Cesano Maderno, Italy) (represented by: C. Mereu and K. Van Maldegem, lawyers)

Defendant: Commission of the European Communities (represented by: B. Doherty and L. Parpala, acting as Agents)

Re:

Application for annulment, with regard to the inclusion of the active substance chlorothalonil, of Commission Directive 2005/53/EC of 16 September 2005 amending Council Directive 91/414/EEC to include chlorothalonil, chlorotoluron, cypermethrin, daminozide and thiophanate-methyl as active substances (OJ 2005 L 241, p. 51), for annulment of the review report for chlorothalonil (document SANCO/4343/2000 final of 14 February 2005), for a declaration of failure to act and for damages.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Vischim Srl to pay the costs, including those relating to the proceedings for interim measures.

* * *

(1) OJ C 36, 11.2.2006.

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