Case T-78/04: Actionbrought on 17 February 2004 by Sumitomo Chemical(UK) PLC against the Commission of the European Communities
Date: 2004-02-17
Institutions: Court of First Instance
Subjects: European Commission, United Kingdom, action for annulment (EU), competition law, marketing, marketing standard, pesticides industry

30.4.2004

EN

Official Journal of the European Union

C 106/75

Action brought on 17 February 2004 by Rhodia Consumer
Specialties Limited against the Commission of the Euro-
pean Communities

Pleas in law and main arguments:

The pleas in law and arguments invoked by the applicant are
the same as those invoked in Case T-75/04.

(Case T-77/04)

(2004/C 106/147)

(Language of the case: English)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 17 February 2004 by Rhodia
Consumer Specialties Limited, Watford (United Kingdom),
represented by K. Van Maldegem and C. Mereu, lawyers.

The applicant claims that the Court should:

— order the annulment of Article 3 (and annex II), Article
4(2), Article 5(3), Article 10(2), second paragraph, Article
11(3), Article 13 and Article 14(2) of Commission Regu-
lation (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/EC of
the European
Parliament and of the Council concerning the placing of
biocidal products on the market, and amending Regulation
(EC) No 1896/2000;

— declare the illegality and the inapplicability vis-à-vis the
applicant of Articles 9(a), 10(3), 11 and 16(1) of Directive
98/8/EC of the European Parliament and of the Council of
16 February 1998 concerning the placing of biocidal
products on the market;

— declare the illegality and the inapplicability vis-à-vis the
applicant of Article 6(2) 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;

— order the defendant to compensate the applicant in the
provisional amount of 1 euro for damages suffered as a
result of the adoption and entry into force of the contested
measure, as well as any applicable interest, pending the
exact calculation and determination of the exact amount;

— order the defendant to pay all costs and expenses in these

proceedings.

Action brought on 17 February 2004 by Sumitomo
Chemical (UK) PLC against the Commission of the Euro-
pean Communities

(Case T-78/04)

(2004/C 106/148)

(Language of the case: English)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 17 February 2004 by Sumitomo
Chemical (UK) PLC, London, United Kingdom, represented by
Mr K. Van Maldegem and Mr C. Mereu, lawyers.

The applicant claims that the Court should:

— order the annulment of Article 3 (and annex II), Article
4(2), Article 5(3), Article 10(2), second paragraph, Article
11(3), Article 13 and Article 14(2) of Commission Regu-
lation (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/EC of
the European
Parliament and of the Council concerning the placing of
biocidal products on the market, and amending Regulation
(EC) No 1896/2000;

— declare the illegality and the inapplicability vis-à-vis the
applicant of Articles 9(a), 10(3), 11 and 16(1) of Directive
98/8/EC of the European Parliament and of the Council of
16 February 1998 concerning the placing of biocidal
products on the market;

— declare the illegality and the inapplicability vis-à-vis the
applicant of Article 6(2) 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;

C 106/76

EN

Official Journal of the European Union

30.4.2004

— order the defendant to compensate the applicant in the
provisional amount of 1 Euro for damages suffered as a
result of the adoption and entry into force of the contested
measure, as well as any applicable interest, pending the
exact calculation and determination of the exact amount;

— order the defendant to pay all costs and expenses in these

proceedings.

Pleas in law and main arguments:

The pleas in law and arguments invoked by the applicant are
the same as those invoked in Case T-75/04.

— declare the illegality and the inapplicability vis-à-vis the
applicant of Article 6(2) 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;

— order the defendant to compensate the applicant in the
provisional amount of 1 euro for damages suffered as a
result of the adoption and entry into force of the contested
measure, as well as any applicable interest, pending the
exact calculation and determination of the exact amount;

— order the defendant to pay all costs and expenses in these

proceedings.

Pleas in law and main arguments:

The pleas in law and arguments invoked by the applicant are
the same as those invoked in Case T-75/04.

Action brought on 17 February 2004 by Troy Chemical
Company BV against the Commission of the European
Communities

(Case T-79/04)

(2004/C 106/149)

(Language of the case: English)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 17 February 2004 by Troy
Chemical Company BV, Maassluis,
(Netherlands), represented
by K. Van Maldegem and C. Mereu, lawyers.

The applicant claims that the Court should:

— order the annulment of Article 3 (and annex II), Article
4(2), Article 5(3), Article 10(2), second paragraph, Article
11(3), Article 13 and Article 14(2) of Commission Regu-
lation (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/EC of
the European
Parliament and of the Council concerning the placing of
biocidal products on the market, and amending Regulation
(EC) No 1896/2000;

— declare the illegality and the inapplicability vis-à-vis the
applicant of Articles 9(a), 10(3), 11 and 16(1) of Directive
98/8/EC of the European Parliament and of the Council of
16 February 1998 concerning the placing of biocidal
products on the market;

Action brought on 21 February 2004 by Bouygues SA and
Bouygues Télécom against Commission of the European
Communities

(Case T-81/04)

(2004/C 106/150)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 21 February 2004 by Bouygues SA,
having its registered office in Paris, and Bouygues Télécom,
having its registered office in Boulogne Billancourt (France),
represented by Bernard Amory and Alexandre Verheyden,
lawyers.

The applicants claim that the Court should:

— declare that, by failing to define its position within the
period of two months commencing on the date of the letter
of formal notice of 12 November 2003, the Commission
has failed to act;

— in the alternative, declare the Commission's definition of its

position of 11 December 2003 to be void;

— order the Commission to pay the whole of the costs.