Order of the Court of First Instance (Sixth Chamber) of 26 November 2008 – Makhteshim-Agan Holding and Others v Commission
(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 – No new Commission proposal after opposition by the Council – Article 5(6) of Decision 1999/468/EEC – Non-actionable measure – No request to act – Inadmissibility
1. Actions for annulment – Actionable measures – Definition – Measures producing binding legal effects (Art. 230 EC; Council Directive 91/414, Annex I; Council Decision 1999/468, Art. 5(6), second para.) (see paras 31, 44-45)
2. Actions for failure to act – Institution not called upon to act (Art. 232, second para., EC) (see paras 49-50)
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
The Court:
1.
Dismisses the action as inadmissible;
2.
Orders Makhteshim-Agan Holding BV, Makhteshim-Agan Italia Srl and Magan Italia Srl to pay their own costs and pay those incurred by the Commission;
3.
Orders the European Crop Protection Association to pay its own costs.
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