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Order of the Court of First Instance (Third Chamber) of 17 October 2007. # Sumitomo Chemical Agro Europe SAS and Philagro France SAS v Commission of the European Communities. # Plant protection products - Active substance procymidone - Directive 91/414/EEC - Action for annulment - Action for failure to act - No need to adjudicate - Action for damages - Inadmissibility - Action manifestly unfounded. # Case T-454/05.
ECLI:EU:T:2007:308
62005TO0454(01)
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(Case T-454/05)
Plant protection products – Active substance procymidone – Directive 91/414/EEC – Action for annulment – Action for failure to act – No need to adjudicate – Action for damages – Inadmissibility – Action manifestly unfounded
3. Actions for damages – Commission taking a provisional position in the procedure for entering an active substance of a plant protection product in Annex I to Directive 91/414 (Art. 288, second para., EC; Council Directive No 91/414) (see paras 73, 77-81)
Re:
APPLICATION for, first and primarily, annulment of the decision of the Commission allegedly contained in the letter of 20 October 2005 concerning authorisation to place the active substance procymidone on the market pursuant 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); second, as an alternative to the claim for annulment, for a declaration that the Commission unlawfully failed to adopt the measures requested by Sumitomo Chemical Agro Europe SAS and its affiliates in a letter of 5 September 2005; and, third, for damages for the loss allegedly suffered by the applicants as a result of the Commission’s adoption of the decision allegedly contained in the letter of 20 October 2005 and, in the alternative, as a result of the Commission’s failure to adopt the measures requested in the letter of 5 September 2005.
Operative part
1.There is no longer any need to adjudicate on the actions for annulment and failure to act.
2.The action for damages is dismissed as inadmissible in so far as it seeks compensation for the damage allegedly suffered by Sumitomo Chemical Agro Europe SAS and Philagro France SAS as a result of the adoption by the Commission of the decision allegedly contained in the letter of 20 October 2005.
3.The action for damages is dismissed as manifestly without foundation in law in so far as it seeks compensation for the damage allegedly suffered by Sumitomo Chemical Agro Europe and Philagro France as a result of the failure by the Commission to adopt the measures requested by Sumitomo Chemical Agro Europe and its affiliates in the letter of 5 September 2005.
4.Sumitomo Chemical Agro Europe and Philagro France are to bear their own costs and pay those incurred by the Commission.