CELEX: 62004TJ0400
Health policy
Placing on the market of biocidal products
Identification of active substances on the market
Decision refusing amendment of certain provisions of the legislation
Actions for failure to act
Obligation to act
Actions for annulment
Not individually concerned
Inadmissibility

ACTION, firstly, seeking a declaration of the Commission’s failure to act in that it unlawfully refrained from amending certain
provisions of Commission Regulation (EC) No 1896/2000 of 7 September 2000 on the first phase of the programme referred to
in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council on biocidal products (OJ 2000 L 228, p.
6) and of Commission Regulation (EC) No 2032/2003 of 4 November 2003 on the second phase of the 10-year work programme referred
to in Article 16(2) of Directive 98/8 and amending Regulation (EC) No 1896/2000 (OJ 2003 L 307, p. 1) and, in the alternative,
action for annulment of the Commission’s letter of 20 July 2004 refusing to grant the applicants’ requests and, secondly,
action for compensation for the loss which the applicants suffered as a result of the Commission’s failure to act and, in
the alternative, action for compensation for the loss caused by the Commission’s letter of 20 July 2004.
Operative part
The Court:
1.
Dismisses the actions;
2.
Orders Arch Chemicals, Inc., Arch Timber Protection Ltd, Rhodia UK Ltd, Sumitomo Chemical (UK) plc and Troy Chemical Co. BV
to bear their own costs and to pay the costs incurred by the European Commission.