CELEX: 62006CO0150
Language: en
Date: 2007-03-13 00:00:00
Title: Order of the Court (Eighth Chamber) of 13 March 2007. # Arizona Chemical BV, Eastman Belgium BVBA and Cray Valley Iberica SA v Commission of the European Communities. # Appeal - Directive 67/548/EEC - Refusal to declassify rosin as a dangerous substance - Action for annulment - Act not open to challenge - Breach of the right to an effective legal remedy - Action for damages - Appeal clearly unfounded. # Case C-150/06 P.

Order of the Court (Eighth Chamber) of 13 March 2007 – Arizona Chemical and Others v Commission
      (Case C‑150/06 P)
      Appeal – Directive 67/548/EEC – Refusal to declassify rosin as a dangerous substance – Action for annulment – Act not open to challenge – Breach of the right to an effective legal remedy – Action for damages – Appeal clearly unfounded
      1.                     Actions for annulment – Action against a decision refusing to withdraw or amend an earlier act (Art. 230 EC) (see paras 22-24)
      2.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para.,
            EC) (see paras 40-41)
      3.                     Procedure – Application initiating proceedings – Formal requirements (Rules of procedure of the Court of First Instance, Art.
            44(1)(c)) (see paras 45-46)
      4.                     Appeals – Pleas in law – Plea against a ground of the judgment not necessary to support its operative part – Invalid plea
            in law (see para. 47)
      Re: 
      
         Appeal brought against the judgment of the Court of First Instance (Third Chamber) of 14 December 2005 in Case T-369/03 
               Arizona Chemical and Others
                v 
               Commission
               , in which the Court of First Instance declared inadmissible an action for annulment of Commission Decision D(2003)430245
                  of 20 August 2003, rejecting the applicant’s request to withdraw rosin from the list of dangerous substances set out in Annex
                  I to Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions
                  relating to the classification, packaging and labelling of dangerous substances (OJ, English Special Edition 1967, p. 234).
               
            Operative part 
      
         
                   
               
               
                  
               
               
                  The appeal is dismissed.
               
            
         
                   
               
               
                  
               
               
                  Arizona Chemical BV, Eastman Belgium BVBA and Cray Valley Iberica SA shall bear the costs.