Case T-46/02: Action brought on 26 February 2002 by Finchimica, S.p.A. and I.Pi.Ci. — Industria Prodotti Chimici, S.p.A. against the European Parliament and the Council of the European Union
Date: 2002-06-15
Institutions: Court of First Instance
Subjects: Council of the European Union, European Parliament, action for annulment (EU), agricultural product, dangerous substance, health risk, import restriction, infringement of EU law, pharmaceutical product, water pollution

15.6.2002

EN

Official Journal of the European Communities

C 144/47

The applicants also raise the point of a violation of the
principles of consistency and uniform application of Com-
munity law, of proportionality and of legal certainty and
legitimate expectations.

tion product active substance trifluralin in the list of priority
substances which will be restricted in the EU insofar as it
entails direct or indirect ‘discharges, emissions and losses’ in
the aquatic environment during normal agricultural use.

In addition, the applicants claim that the contested measure
also departs from the letter and the spirit of the international
agreements to which it expressely refers (OSPAR, HELCOM
and the Barcelona Convention).

The pleas in law and main arguments are similar to those
relied upon in Case T-45/02 (DOW AgroSciences and Others -
v- Parliament and Council (2).

(1) OJ L 331, of 15.12.2001, p. 1.
(2) OJ L 170, of 25.6.1992, p. 40.
(3) OJ L 327, of 22.12.2000, p. 1.

(1) OJ [2001] L 331, p. 1.
(2) See p. 46 of the present Official Journal.

Action brought on 26 February 2002 by Finchimica,
S.p.A. and I.Pi.Ci. — Industria Prodotti Chimici, S.p.A.
against the European Parliament and the Council of the
European Union

Action brought on 27 February 2002 by Makhteshim-
Agan Holding B.V. against the European Parliament and
the Council of the European Union

(Case T-46/02)

(2002/C 144/97)

(Language of the case: English)

(Case T-57/02)

(2002/C 144/98)

(Language of the case: English)

An action against the European Parliament and the Council of
the European Union was brought before the Court of First
Instance of the European Communities on 26 February 2002
by Finchimica, S.p.A. and I.Pi.Ci. — Industria Prodotti Chimici,
S.p.A., represented by Mr Koen Van Maldegem and Mr Claudio
Mereu of McKenna & Cuneo LLP, Brussels (Belgium).

The applicant claims that the Court should:

— partially annul Decision no. 2455/2001/EC of the Euro-
pean Parliament and of the Council of 20 November
2001 establishing the list of priority substances in the
field of water policy and amending Directive 2000/60/
EC (1), so as to remove trifluralin from the measure;

— order the defendants to pay all costs and expenses in

these proceedings.

Pleas in law and main arguments

An action against the European Parliament and the Council of
the European Union was brought before the Court of First
Instance of the European Communities on 27 February 2002
by Makhteshim-Agan Holding B.V., represented by Mr Philippe
Logelain, Mr Koen Van Maldegem and Mr Claudio Mereu of
McKenna & Cuneo, LLP, Brussels (Belgium).

The applicant claims that the Court should:

— order the partial annulment of Decision no. 2455/2001/
EC of the European Parliament and of the Council of
20 November 2001 establishing the list of priority
substances and priority hazardous substances in the field
of water policy and amending Directive 2000/60/EC, so
as to remove the applicant’s substances — Atrazine,
Chlorpyrifos, Diuron, Endosulfan,
Isoproturon (IPU),
Simazine and Trifluralin — from the measure;

The applicants
seek the partial annulment of Decision
no. 2455/2001/EC which includes the applicants’ plant protec-

— order the defendants to pay all costs and expenses in

these proceedings.