Case T-393/06: Order of the Court of First Instance of 26 November 2008 — Makhteshim-Agan Holding and Others v Commission (Action for annulment — Action for failure to act — Directive 91/414/EEC — Plant protection products — Active substance azinphos-methyl — Inclusion in Annex I to Directive 91/414/EEC — Absence of a new Commission proposal after opposition by the Council — Article 5(6) of Decision 1999/468/EEC — Non-actionable measure — Absence of a request to act — Inadmissibility)
Date: 2008-11-26
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), marketing standard, plant health legislation, plant health product, testing

C 32/34

EN

Official Journal of the European Union

7.2.2009

Order of the Court of First Instance of 3 November 2008
— Pelle and Konrad v Council of the European Union and
the Commission of the European Communities

Order of the Court of First Instance of 26 November 2008
— Makhteshim-Agan Holding and Others v Commission

(Joined Cases T-8/95 and T-9/95) (1)

levy —
(Non-contractual
Reference quantity — Regulation (EEC) No 2187/93 —
Compensation of producers — Suspension of limitation)

liability — Milk — Additional

(2009/C 32/64)

Language of the case: German

(Case T-393/06) (1)

(Action for annulment — Action for failure to act — Direc-
tive 91/414/EEC — Plant protection products — Active
substance azinphos-methyl — Inclusion in Annex I to Direc-
tive 91/414/EEC — Absence of a new Commission proposal
after opposition by the Council — Article 5(6) of Decision
1999/468/EEC — Non-actionable measure — Absence of a
request to act — Inadmissibility)

(2009/C 32/65)

Language of the case: English

Parties

Parties

Applicants: Wilhelm Pelle (Kluse-Ahlen, Germany) and Ernst-
Reinhard Konrad (Löllbach, Germany) (represented by: B. Meis-
terernst, M. Düsing, D. Manstetten, F. Schulze and W. Haneklaus,
lawyers)

Applicants: Makhteshim-Agan Holding BV (Amsterdam, Nether-
lands); Makhteshim-Agan Italia Srl (Bergamo, Italy); and Magan
Italia Srl (Bergamo) (represented by: K. Van Maldegem and C.
Mereu, lawyers)

Defendants: Council of the European Union (represented initially
by A. Brautigam and A.-M. Colaert, and subsequently by A.-M.
Colaert, agents) and the Commission of the European Commu-
nities (represented by B. Booß and M. Niejahr, agents, and subse-
quently by T. van Rijn and M. Niejahr, assisted initially by H.-J.
Rabe, G. Berrisch and M. Núñez-Müller, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: L. Parpala and B. Doherty, Agents)

Party intervening in support of
Protection Association (ECPA)
by: D. Waelbroeck and N. Rampal, lawyers)

the applicants: European Crop
(Brussels, Belgium)(represented

Re:

Re:

Applications for compensation under Article 178 of the EC
Treaty (now Article 235 EC) and under the second paragraph of
Article 215 of the EC Treaty (now the second paragraph of
Article 288 EC) for damage allegedly suffered by the applicants
as a result of
the application of Council Regulation (EEC)
No 857/84 of 31 March 1984 adopting general rules for the
application of the levy referred to in Article 5c of Council Regu-
lation (EEC) No 804/68 in the milk and milk products sector
(OJ 1984 L 90, p. 13), as supplemented by Commission Regu-
lation (EEC) No 1371/84 of 16 May 1984 laying down detailed
levy referred to in
rules for the application of the additional
Article 5c of Regulation No 804/68 (OJ 1984 L 132, p. 11).

Application for annulment of the Commission decision, alleged
to be contained in a letter of 12 October 2006, not to submit a
proposal with a view to inclusion of the active substance azin-
phos-methyl
in Annex I to 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), or, in the alter-
native, application for a declaration that the Commission has
failed to act in unlawfully failing to submit such a proposal.

Operative part of the order

The Court hereby orders:

1. The action is dismissed as inadmissible.

Operative part of the order

1. There is no need to adjudicate on the present action.

2. Makhteshim-Agan Holding BV, Makhteshim-Agan Italia Srl and
Magan Italia Srl shall bear their own costs and pay those incurred
by the Commission.

2. Each party bears its own costs.

3. The European Crop Protection Association shall bear its own costs.

(1) OJ C 74, 25.3.1995.

(1) OJ C 20, 27.1.2007.