CELEX: C2007/155/53
Language: en
Date: 2007-07-07 00:00:00
Title: Case T-139/07: Action brought on 2 May 2007 — Pioneer Hi-Bred International v Commission

7.7.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 155/28
            
         Action brought on 2 May 2007 — Pioneer Hi-Bred International v Commission
   (Case T-139/07)
   (2007/C 155/53)
   Language of the case: English
   Parties
   
      Applicant: Pioneer Hi-Bred International Inc. (Johnston, USA) (represented by: J. Temple Lang, Solicitor)
   
      Defendant: Commission of the European Communities
   Form of order sought
   
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               Find that the Commission has failed to act in accordance with Article 18 of Directive 2001/18 on the deliberate release into the environment of genetically modified organisms, in having failed to submit to the Regulatory Committee a draft of the measures to be taken pursuant to Article 5(2) of the Council decision;
            
         
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               order the Commission to pay the applicant's costs.
            
         Pleas in law and main arguments
   The applicant claims, pursuant to Article 232 EC, that the Commission has failed to act, in infringement of Article 18 of Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms (1), to ensure the adoption of a decision concerning the applicant's notification for the placing on the market of insect-resistant genetically modified maize 1507.
   The applicant contends that under the procedure set out in the directive, the Commission is obliged to ensure that a decision on a notification is adopted and published within the period of time prescribed in the directive. The applicant furthermore submits that by failing to submit to the Regulatory Committee a draft of the measures to be taken the Commission failed to ensure that such a decision was adopted even though all requirements on the applicant and other parties under the directive had been completed in accordance with the directive.
   The applicant moreover submits that the Commission has been called upon to define its position within the terms of Article 232 EC which the Commission has failed to do. This has, according to the applicant, had adverse effects on the applicant's legal situation.
   
      (1)  Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ 2001 L 106, p. 1).