Order — ECLI:EU:T:2001:163
Date: 2001-06-15
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Approximation of laws;Plant health legislation
Concepts: Application for interim measures: suspension of operation of the contested measure and other interim measures
Procedure: Action for annulment;Application for interim measures - unfounded
Origin: Germany

Summary of the Order 
1. Actions for annulment — Natural or legal persons — Measures of direct and 
individual concern to them — Regulation on biocidal products — Action brought 
by a producer — Inadmissible 
(Art. 230, fourth para., EC; Commission Regulation No 1896/2000, Art. 6(2); 
Parliament and Council Directive 98/8, Art. 16(2)) 
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SUMMARY — CASE T-339/00 
2. Actions for annulment — Natural or legal persons — Possible absence of 
remedies — No effect on the system of remedies and the conditions for admissibility 
of an annulment action 
1. The action brought by a producer of 
biocidal products against Regulation 
No 1896/2000 on the first phase of the 
programme referred to in Article 16(2) 
of Directive 98/8 on biocidal products 
is inadmissible. 
The Regulation is addressed to all those 
who have an interest in the identifica­
tion and notification of existing active 
substances and biocidal products con­
taining those substances and not only 
operators who placed a biocidal prod­
uct containing existing active sub­
stances on the market before 14 May 
2000. In particular, Article 6(2) of the 
Regulation allows all producers and 
formulators to continue or to begin 
marketing existing active substances 
and biocidal products containing those 
substances for the product type(s) for 
which the Commission has accepted at 
least one notification. Since access to 
the identification procedures and/or 
notification procedures is not reserved 
exclusively for the operator serving a 
specific part of the market, the Regu­
lation cannot be regarded as being of 
individual concern to the applicant. 
(see paras 48, 50, 55) 
2. The possible absence of remedies can­
not justify an amendment by way of 
judicial interpretation of the system of 
remedies and procedures laid down in 
the Treaty. In no case does it allow an 
annulment action brought by a natural 
or legal person to be declared admiss­
ible where it does not satisfy the con­
ditions laid down by the fourth para­
graph of Article 230 EC. 
(see para. 54) 
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