Source: EURLEX
Language: en
Format: md

8.7.2000 EN Official Journal of the European Communities C 192/19

product, not smokable without further processing, and there- — Infringement of Article 37 of the EC Treaty: the notification
fore not excisable. There is no published decision determining system provided for by the regulation in issue disregards
the issue and giving reasons for the classification chosen. the objectives of Article 37, inasmuch as its implemenConsequently, it requested access to complete minutes of the tation will lead to the disappearance of a considerable
meeting of the Excise Duty Committee of 29 and 30 April number of economic operators and will result, at the same
1998 and of the subsequent meeting of 28 and 29 October time, in the sources of supply of plant protection products
1999 at which the duty treatment of expanded tobacco was being concentrated amongst a few multinational underapparently determined. This request was definitively refused takings, thus enabling the latter to limit supplies and,
by letter of the Secretary General of 8 March 2000. consequently, to raise prices.

The applicant contests the validity of this decision. The pleas — Failure to have regard to Directive 91/414/EEC: the
in law and main arguments are similar to those put forward in contested regulation alters the criteria governing appliCase T-41/00. cations for authorisation to market plant protection products, so that they differ from those laid down in the
abovementioned directive, which constitutes the legal basis
( [1] ) OJ 1995 L 291, p. 40. of the regulation.

— Infringement of the principles of legal certainty, the

protection of legitimate expectations and sound management: the new notification system prevents the applicants
from marketing certain substances in respect of which they
held marketing authorisations under the system provided
for by Directive 91/414/EEC, without that situation being
**Action brought on 2 May 2000 by Iberotam S.A. and** justified on any public-interest grounds.
**7 others against the Commission of the European Com-**
**munities** — Infringement of the Agreement on Trade-Related Aspects
of Intellectual Property Rights (WTO)( [3] ): the contested
**(Case T-112/00)** regulation confers on persons holding the confidential
information which must be provided in order to obtain
authorisation to market plant protection products an
(2000/C 192/35)
exclusive protection exceeding that arising from the principles underlying the provisions of the abovementioned
_(Language of the case: French)_ Agreement, in particular Articles 8(2) and 39(3) thereof.

An action against the Commission of the European Communities was brought before the Court of First Instance of the ( [1] ) OJ 2000 L 55, p. 25.
( [2] ) OJ 1991 L 230, p. 1.
European Communities on 2 May 2000 by Iberotam S.A.,
( [3] ) OJ L 336 of 23.12.1994, p. 214.
established in Barcelona (Spain), and 7 others, represented by
Miquel Roca Junyent and Joan Roca Sagarra, of the Barcelona
Bar.

The applicants claim that the Court should:

— declare null and void Commission Regulation (EC)
No 451/2000 of 28 February 2000 laying down the
**Action brought on 2 May 2000 by Aktionsgemeinschaft**
detailed rules for the implementation of the second
**Recht und Eigentum e.V. (ARE) against the Commission**
and third stages of the work programme referred to in
**of the European Communities**
Article 8(2) of Council Directive 91/414/EEC;

— order the European Commission to pay the costs. **(Case T-114/00)**

(2000/C 192/36)
_Pleas in law and principal arguments_

The applicants contest Commission Regulation (EC)
_(Language of the case: German)_
No 451/2000 of 28 February 2000( [1] ) laying down the detailed
rules for the implementation of the second and third stages of
the work programme referred to in Article 8(2) of Council An action against the Commission of the European CommuniDirective 91/414/EEC concerning the placing of plant protec- ties was brought before the Court of First Instance of the
tion products on the market( [2] ), the object of which is a gradual European Communities on 2 May 2000 by Aktionsgemeinexamination of active substances placed on the market with a schaft Recht und Eigentum e.V. (ARE), of Borken (Federal
view to their possible inclusion in Annex I to that directive. Republic of Germany), represented by Prof. Matthias Pechstein,
The pleas put forward are as follows: of Berlin.