Case T-401/04: Action brought on 1 October 2004 by Bactria Industriehygiene-Service Verwaltungs GmbH against the Commission of the European Communities
Date: 2005-01-22
Institutions: Court of First Instance
Subjects: European Commission, Germany, action for failure to act, application of EU law, chemical industry, data protection, environmental protection, marketing standard, polishing and scouring preparations, type of business

C 19/28

EN

Official Journal of the European Union

22.1.2005

In support of their application, the applicants submit that the
Commission has breached its legal responsibility to implement
Directive 98/8/EC in accordance with the EC Treaty and the
text of the directive itself, its obligations to respect the legal
rights and expectations of participants, like the applicants and
its duty to ensure, in accordance with the principles of sound
administration, that the implementation by the Member States
complies with the EC Treaty and the directive.

(1) Directive 98/8/EC of the European Parliament and of the Council of
16 February 1998 concerning theplacing of biocidal products on
the market (OJ L 123, p. 1)

(2) 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 L 228, p. 6)

(3) 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/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 (OJ L 307, p.
1)

Action brought on 1 October 2004 by Bactria Industriehy-
giene-Service Verwaltungs GmbH against the Commission
of the European Communities

(Case T-401/04)

(2005/C 19/59)

interests, 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 invoked are similar to those invoked in Case
T-400/04, Arch Chemicals and Arch Timber Protection/
Commission.

Action brought on 1 October 2004 by Rhodia Consumer
Specialties Limited against the Commission of the Euro-
pean communities

(Case T-402/04)

(2005/C 19/60)

(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 1 October 2004 by Rhodia
Consumer Specialties Limited,Watford, United Kingdom, repre-
sented by K. Van Maldegem and C. Mereu, lawyers.

The applicant claims that the Court should:

(Language of the case: English)

— Order the defendant to respond to the applicant's request;

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 1 October 2004 by Bactria Indus-
triehygiene-Service Verwaltungs GmbH, Kirchheimboladen,
Germany, represented by K. Van Maldegem and C. Mereu,
lawyers.

The applicant claims that the Court should:

— Or, in the alternative, order the annulment of the European

Commission's act D 341571(04);

— Order the defendant to compensate the applicant in the
provisional amount of 1 euro for damages suffered as a
result of the defendant's failure to comply with its obliga-
tions under Community law by failing to respond to the
applicant, or, in the alternative, as a result of the European
Commission's act D 341571(04), as well as any applicable
interests, pending the exact calculation and determination
of the exact amount;

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

— Order the defendant to respond to the applicant's request;

proceedings.

— Or, in the alternative, order the annulment of the European

Commission's act D 341571(04);

Pleas in law and main arguments

— Order the defendant to compensate the applicant in the
provisional amount of 1 euro for damages suffered as a
result of the defendant's failure to comply with its obliga-
tions under Community law by failing to respond to the
applicant, or, in the alternative, as a result of the European
Commission's act D 341571(04), as well as any applicable

The pleas in law invoked are similar to those invoked in Case
T-400/04, Arch Chemicals and Arch Timber Protection/
Commission.