# C_2006326EN.01006701.xml

| 30.12.2006 | EN | Official Journal of the European Union | C 326/67 |
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30.12.2006

EN

Official Journal of the European Union

C 326/67

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Action brought on 18 November 2006— Otsuka Chemical v EFSA

(Case T-313/06)

(2006/C 326/140)

Language of the case: English

Parties

Applicant: Otsuka Chemical Co, Ltd (Osaka, Japan) (represented by: K. Van Maldegem, C. Mereu, lawyers)

Applicant:

Defendant: European Food Safety Authority (EFSA)

Defendant:

Form of order sought

| — | Declare the present application admissible and well founded; |
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Declare the present application admissible and well founded;

| — | annul the EFSA's Conclusion Report, titled ‘Conclusion regarding the peer review of the pesticide risk assessment of the active substance Benfuracarb’; |
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annul the EFSA's Conclusion Report, titled ‘Conclusion regarding the peer review of the pesticide risk assessment of the active substance Benfuracarb’;

| — | order the EFSA and/or the European Commission by way of incidental request in accordance with Articles 63 and 64 of the Court's Rules of Procedure, to produce the proposal regarding the (non) inclusion of Benfuracarb in Annex I to Directive 91/414/EEC it intends to present to the Standing Committee on the Food Chain and Animal Health for a vote at its 22/24 November 2006 meeting, or any other meeting; |
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order the EFSA and/or the European Commission by way of incidental request in accordance with Articles 63 and 64 of the Court's Rules of Procedure, to produce the proposal regarding the (non) inclusion of Benfuracarb in Annex I to Directive 91/414/EEC it intends to present to the Standing Committee on the Food Chain and Animal Health for a vote at its 22/24 November 2006 meeting, or any other meeting;

| — | declare the illegality and inapplicability vis-à-vis the applicants and the review of their Benfuracarb dossiers of Article 20 of Commission Regulation (EC) No 1490/2002; |
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declare the illegality and inapplicability vis-à-vis the applicants and the review of their Benfuracarb dossiers of Article 20 of Commission Regulation (EC) No 1490/2002;

| — | order the defendant to compensate the applicants for the damages incurred as a result of the contested measure, and to hold at this stage by interlocutory statement that the defendant is obliged to compensate the applicants for the damages they incurred and to reserve the fixing of the amount of compensation either by agreement between the parties or by the Court in the absence of such agreement; |
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order the defendant to compensate the applicants for the damages incurred as a result of the contested measure, and to hold at this stage by interlocutory statement that the defendant is obliged to compensate the applicants for the damages they incurred and to reserve the fixing of the amount of compensation either by agreement between the parties or by the Court in the absence of such agreement;

| — | order the defendant to pay the costs and expenses in these proceedings. |
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order the defendant to pay the costs and expenses in these proceedings.

Pleas in law and main arguments

The pleas in law and the main arguments raised by the applicant are identical to those relied on in Case T-311/06, FMC Chemical et Arysta Lifesciences v European Food Safety Authority.

FMC Chemical et Arysta Lifesciences v European Food Safety Authority

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