Case C-517/08 P: Appeal brought on 25 November 2008 by Makhteshim-Agan Holding BV, Alfa Agricultural Supplies SA, Aragonesas Agro, SA against the judgment of the Court of First Instance (Fourth Chamber) delivered on 9 September 2008 in Case T-75/06 Bayer CropScience AG and Others v Commission
Date: 2008-11-25
Institutions: Court of Justice
Subjects: European Commission, appeal, health risk, market approval, marketing restriction, pesticide, plant health legislation, plant health product

24.1.2009

EN

Official Journal of the European Union

C 19/19

The communication of the Commission's decision, unactionable
at domestic level, was made by letter of the sectorial manage-
ment body for the Cohesion Fund of the Ministry of the Envir-
onment, dated 25 September 2006, that letter doing no more
than ‘notify’ the Commission's decision, the latter being the act
with operative content.

Appeal brought on 25 November 2008 by Makhteshim-
Agan Holding BV, Alfa Agricultural
SA,
Aragonesas Agro, SA against the judgment of the Court of
First Instance (Fourth Chamber) delivered on 9 September
2008 in Case T-75/06 Bayer CropScience AG and Others v
Commission

Supplies

The lack of any means of redress is contrary to the principle of
the right to effective judicial protection, as recognised in the
most recent Community case-law and legal writings.

(Case C-517/08 P)

(2009/C 19/34)

Language of the case: English

Action brought on 19 November 2008 — Commission of
the European Communities v Federal Republic of Germany

(Case C-505/08)

(2009/C 19/33)

Language of the case: German

Parties

Applicant: Commission of the European Communities (repre-
sented by: H. Støvlbæk and M. Adam, acting as Agents)

Defendant: Federal Republic of Germany

Form of order sought

— Declare that, by failing to adopt, in full, the laws, regulations
and administrative provisions necessary to comply with
Directive 2005/36/EC of the European Parliament and of
the Council of 7 September 2005 on the recognition of
professional qualifications (1), or, as the case may be, by
failing to fully inform the Commission of those provisions,
the Federal Republic of Germany has failed to fulfil its obli-
gations under that directive;

— order Federal Republic of Germany to pay the costs.

Pleas in law and main arguments

The prescribed period for implementing the Directive expired
on 20 October 2007.

(1) OJ 2005 L 255, p. 22

Parties

Appellants: Makhteshim-Agan Holding BV, Alfa Agricultural
Supplies SA, Aragonesas Agro, SA (represented by: C. Mereu, K.
Van Maldegem, avocats)

Other parties to the proceedings: Commission of the European
Communities, Bayer CropScience AG, European Crop Protection
Association (ECPA), Kingdom of Spain

Form of order sought

The appellant claims that the Court should, following an oral
hearing:

— set aside the judgment of the Court of First Instance in Case

T-75/06; and

— annul Commission Decision 2005/864/EC (1) of 2 December
2005 concerning the non-inclusion of endosulfan in Annex I
to Directive 91/414/EEC (2) and the withdrawal of authorisa-
tions
that
substance; or

for plant protection products

containing

— alternatively,

refer

the case back to the Court of First

Instance for judgment; and

— order the Respondent to pay all the costs of these proceed-
ings (including the costs before the Court of First Instance).

Pleas in law and main arguments

The Appellants submit that, in dismissing their application for
annulment in respect of Commission Decision 2005/864/EC of
2 December 2005 concerning the non-inclusion of endosulfan
in Annex I to Directive 91/414/EEC and the withdrawal of
authorisations for plant protection products containing that
substance, the Court of First Instance breached Community law.
In particular, the Appellants contend that the Court of First
Instance committed a number of errors in its interpretation of
the facts and of the legal framework as applicable to the Appel-
lants' situation. That resulted in it making a number of errors in
law, in particular:

(i) in failing to find that the Appellants had been placed in a
situation of force majeure by the conduct of the competent
authorities such that the failure of the competent authorities
to defer the procedural deadlines amounted to a manifest
error of assessment; and

C 19/20

EN

Official Journal of the European Union

24.1.2009

(ii) in holding that the Appellants' legal and procedural rights

Defendant: Portuguese Republic

had not been infringed.

(1) OJ L 317, p. 25.
(2) Council Directive 91/414/EEC of 15 July 1991 concerning the
placing of plant protection products on the market (OJ L 230, p. 1).

Action brought on 27 November 2008 — Commission of
the European Communities v Kingdom of Spain

(Case C-523/08)

(2009/C 19/35)

Language of the case: Spanish

Parties

Form of order sought

— a declaration that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 2005/68/EC (1) of the European Parliament and of
the Council of 16 November 2005 on reinsurance and
amending Council Directives 73/239/EEC, 92/49/EEC as
well as Directives 98/78/EC and 2002/83/EC or, in any case,
by failing to communicate such provisions to the Commis-
sion, the Portuguese Republic has failed to fulfil its obliga-
tions under that Directive;

— an order that the Portuguese Republic should pay the costs.

Pleas in law and main arguments

The period allowed for transposition of the Directive expired on
10 December 2007.

Applicant: Commission of the European Communities (repre-
sented by M. Condou-Durande and M.-A. Rabanal Suárez,
Agents,)

(1) OJ 2005 L 323, p. 1.

Defendant: Kingdom of Spain

Form of order sought

— a declaration that the Kingdom of Spain, by failing to adopt
all the laws, regulations and administrative provisions neces-
sary to comply with Council Directive 2005/71/EC (1) on a
specific procedure for admitting third-country nationals for
in any case, by
the purposes of scientific research and,
failing to communicate such provisions to the Commission,
has failed to fulfil its obligations under that Directive;

— an order that the Kingdom of Spain should pay the costs.

Pleas in law and main arguments

The period allowed for the transposition into domestic law of
Directive 2005/71/EC expired on 12 October 2007.

(1) OJ 2005 L 289, p. 15.

Action brought on 28 November 2008 — Commission of
the European Communities v United Kingdom of Great
Britain and Northern Ireland

(Case C-527/08)

(2009/C 19/37)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: K. Simonsson, A.A. Gilly, Agents)

Defendant: United Kingdom of Great Britain and Northern
Ireland

Action brought on 1 December 2008 — Commission of
the European Communities v Portuguese Republic

The applicant claims that the Court should:

(Case C-524/08)

(2009/C 19/36)

Language of the case: Portuguese

Parties

the European Parliament and of

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2005/65/EC (1) of
the
Council of 26 October 2005 on enhancing port security, or
in any event by failing to communicate them to the
Commission the United Kingdom of Great Britain and
Northern Ireland has failed to fulfil its obligations under the
Directive;

Applicant: Commission of the European Communities (repre-
sented by N. Yerrell and P. Guerra e Andrade, Agents)

— order United Kingdom of Great Britain and Northern Ireland

to pay the costs.