Joined Cases T-75/04 and T-77/04 to T-79/04: Judgment of the General Court of (Second Chamber) of 20 September 2011 — Arch Chemicals and Others v Commission (Actions for annulment — Health policy — Placing on the market of biocidal products — Regulation (EC) No 2032/2003 — Not individually concerned — Inadmissibility)
Date: 2011-09-20
Institutions: General Court
Subjects: chemical product, health control, marketing








C_2011319EN.01001101.xml










29.10.2011   


EN


Official Journal of the European Union


C 319/11





Judgment of the General Court of (Second Chamber) of 20 September 2011 — Arch Chemicals and Others v Commission
(Joined Cases T-75/04 and T-77/04 to T-79/04) (1)

(Actions for annulment - Health policy - Placing on the market of biocidal products - Regulation (EC) No 2032/2003 - Not individually concerned - Inadmissibility)
2011/C 319/19
Language of the case: English

Parties


Applicants: Arch Chemicals, Inc. (Norwalk, Connecticut, United States) and Arch Timber Protection Ltd (Castleford, West Yorkshire, United Kingdom) (Case T-75/04); Rhodia UK Ltd, formerly Rhodia Consumer Specialties Ltd (Watford, Hertfordshire, United Kingdom) (Case T-77/04); Sumitomo Chemical (UK) plc (London, United Kingdom) (Case T-78/04); Troy Chemical Co. BV (Vlaardingen, Netherlands) (Case T-79/04); (represented by: K. Van Maldegem and C. Mereu, lawyers)

Defendant: European Commission (represented: initially by X. Lewis and F. Simonetti, and subsequently by P. Oliver and G. Wilms, acting as Agents)

Intervener in support of the applicant: European Chemical Industry Council (CEFIC) (Brussels, Belgium) represented: initially by M. Bronckers, Y. van Gerven and P. Charro, and subsequently by Y. van Gerven, lawyers)

Interveners in support of the defendant: European Parliament (represented: initially by A. Neergaard and M. Moore, and subsequently by A. Neergaard and J. Rodrigues, acting as Agents); Council of the European Union (represented: initially by B. Hoff-Nielsen, M. Sims and F. Ruggeri Laderchi, and subsequently by M. Sims and F. Florindo Gijón, and finally by F. Florindo Gijón and R. Liudvinaviciute-Cordeiro, acting as Agents); Kingdom of the Netherlands (represented: initially by S. Terstal, and subsequently by H. Sevenster, acting as Agents)

Re:

Action for annulment of Article 3, Article 4(2), Article 5(3), the second subparagraph of Article 10(2), Article 11(3), Article 13, Article 14(2) of and Annex II to 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 2003 L 307, p. 1).

Operative part of the judgment

The Court:






1.


Dismisses the actions;










2.


Orders Arch Chemicals, Inc., Arch Timber Protection Ltd, Rhodia UK Ltd, Sumitomo Chemical (UK) plc and Troy Chemical Co. BV to bear their own costs and to pay those incurred by the European Commission including, in the case of Sumitomo Chemical (UK) plc, those relating to the application for interim relief;










3.


Orders the European Parliament, the Council of the European Union, the Kingdom of the Netherlands and the European Chemical Industry Council (CEFIC) to bear their own costs.






(1)  OJ C 106, 30.4.2004.