Judgment of the Court of First Instance of 28 June 2005 in Case T-158/03 Industrias Químicas del Vallés, SA v Commission of the European Communities (Directive 91/414/EEC — Plant protection products — Active substances — Metalaxyl — Authorisation procedure — Summary dossier and complete dossier — Time-limits — Principle of proportionality — Misuse of powers)
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), dangerous substance, pharmaceutical product, plant health product, withdrawal from the market

3.9.2005

EN

Official Journal of the European Union

C 217/35

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 July 2005

of 28 June 2005

in Case T-387/02 Dorte Schmidt-Brown v Commission of
the European Communities (1)

in Case T-158/03 Industrias Químicas del Vallés, SA v
Commission of the European Communities (1)

(Officials — Action for annulment — Accusations against
an official — Article 24 of the Staff Regulations — Rejec-
tion of request for financial assistance)

(Directive 91/414/EEC — Plant protection products —
Active substances — Metalaxyl — Authorisation procedure
— Summary dossier and complete dossier — Time-limits —
Principle of proportionality — Misuse of powers)

(2005/C 217/78)

(2005/C 217/79)

(Language of the case: French)

(Language of the case: Spanish)

In Case T-387/02: Dorte Schmidt-Brown, former official of the
Commission of the European Communities, residing in Wellen
(Germany), represented by A. Coolen, J.-N. Louis, E. Marchal
and S. Orlandi, lawyers, with an address for service in Luxem-
the European Communities
bourg, against Commission of
(Agents: J. Currall and L. Lozano Palacios, assisted by D. Wael-
broeck, lawyer, with an address for service in Luxembourg) —
action for annulment of the Commission's decision of 26 April
2002 rejecting the applicant's request seeking financial assis-
tance from the Commission in an action for defamation
brought by the applicant against a company before the High
Court of
Justice (England & Wales) — the Court of First
Instance (First Chamber), composed of J.D. Cooke, President, I.
Labucka and V. Trstenjak, Judges; I. Natsinas, Registrar, gave a
judgment on 5 July 2005, in which it:

In Case T-158/03: Industrias Químicas del Vallés, SA, estab-
lished in Mollet del Vallés (Spain), represented initially by C.
Fernández Vicién, J. Sabater Marotias and P. González-Espejo,
and subsequently by C. Fernández Vicién, J. Sabater Marotias
and I. Moreno Tapia Rivas, lawyers, against Commission of the
European Communities (Agents: S. Pardo Quintillán and B.
Doherty, with an address for service in Luxembourg) — action
for annulment of Commission Decision 2003/308/EC of 2 May
2003 concerning the non-inclusion of metalaxyl in Annex I to
Council Directive 91/414/EEC and the withdrawal of authorisa-
for plant-protection products containing this active
tions
substance (OJ 2003 L 113, p. 8) — the Court of First Instance
(Second Chamber), composed of
J. Pirrung, President, N.J.
Forwood and S. Papasavvas, Judges; J. Palacio González, Prin-
cipal Administrator, for the Registrar, gave a judgment on 28
June 2005, in which it:

1. Dismisses the application;

1. Dismisses the action;

2. Orders the parties to bear their own costs.

2. Orders Industrias Químicas del Vallés, SA to pay the costs,

including those relating to the interlocutory proceedings.

(1) OJ C 70 of 22.3.2003

(1) OJ C 158 of 5.7.2003