Case T-311/06: Order of the Court of First Instance of 17 June 2008 — FMC Chemical and Arysta Lifesciences v EFSA (Action for annulment — Action for damages — Directive 91/414/EEC — Plant protection products — Opinion of the European Food Safety Authority — Non-actionable measure — Preparatory measure — Inadmissibility)
Date: 2008-06-17
Institutions: Court of First Instance
Subjects: European Food Safety Authority, action for annulment (EU), administrative formalities, dangerous substance, exchange of information, indemnification, marketing standard, pesticide, plant health product, report

15.8.2008

EN

Official Journal of the European Union

C 209/53

Order of the Court of First Instance of 17 June 2008 —
FMC Chemical and Arysta Lifesciences v EFSA

Order of the Court of First Instance of 17 June 2008 —
FMC Chemical v EFSA

(Case T-311/06) (1)

(Case T-312/06) (1)

(Action for annulment — Action for damages — Directive
91/414/EEC — Plant protection products — Opinion of the
European Food Safety Authority — Non-actionable measure
— Preparatory measure — Inadmissibility)

(Action for annulment — Action for damages — Directive
91/414/EEC — Plant protection products — Opinion of the
European Food Safety Authority — Non-actionable measure
— Preparatory measure — Inadmissibility)

(2008/C 209/94)

Language of the case: English

(2008/C 209/95)

Language of the case: English

Parties

Parties

Applicants: FMC Chemical SPRL (Brussels, Belgium) and Arysta
Lifesciences SAS (Noguères, France) (represented by: C. Mereu
and K. Van Maldegem, lawyers)

Applicant: FMC Chemical SPRL (Brussels, Belgium) (represented
by: C. Mereu and K. Van Maldegem, lawyers)

Defendant: European Food Safety Authority (EFSA) (represented
initially by: A. Cuvillier and D. Detken,
subsequently by
A. Cuvillier and S. Gabbi, Agents)

Defendant: European Food Safety Authority (EFSA) (represented
initially by: A. Cuvillier and D. Detken, and subsequently by
A. Cuvillier and S. Gabbi, Agents)

Intervener in support of the applicant: European Crop Protec-
tion Association (ECPA),
(represented by
D. Waelbroeck and N. Rampal, lawyers)

(Brussels, Belgium)

Intervener in support of the applicant: European Crop Protec-
tion Association (ECPA),
(represented by
D. Waelbroeck and N. Rampal, lawyers)

(Brussels, Belgium)

the defendant: Commission of
Intervener in support of
European Communities (represented by B. Doherty, Agent)

the

the defendant: Commission of
Intervener in support of
European Communities, (represented by B. Doherty, Agent)

the

Re:

Re:

APPLICATION for (i) annulment of the opinion of EFSA of
28 July 2006 on the assessment of the active substance carbo-
furan under Council Directive 91/414/EEC of 15 July 1991
concerning the placing of plant protection products on the
marked (OJ 1991 L 230, p. 1), and (ii) compensation for the
damage sustained

APPLICATION for (i) annulment of the opinion of EFSA of
28 July 2006 on the assessment of the active substance carbo-
sulfan under Council Directive 91/414/EEC of 15 July 1991
concerning the placing of plant protection products on the
market (OJ 1991 L 230, p. 1), and (ii) compensation for the
damage sustained.

Operative part of the order

Operative part of the order

1. The action is dismissed.

1. The action is dismissed.

2. FMC Chemical SPRL, Arysta Lifesciences SAS, the European Food
Safety Authority (EFSA), the European Crop Protection Association
(ECPA) and the Commission shall each bear their own costs.

2. FMC Chemical SPRL,

the European Food Safety Authority
(EFSA), the European Crop Protection Association (ECPA) and the
Commission shall each bear their own costs.

(1) OJ C 326, 30.12.2006.

(1) OJ C 326, 30.12.2006.