CELEX: C2004/106/146
Language: en
Date: 2004-04-30 00:00:00
Title: Case T-76/04: Actionbrought on 17 February 2004 by Bactria Industriehygiene-ServiceVerwaltungs GmbH against the Commission of the European Communities

30.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 106/74
            
         Action brought on 17 February 2004 by Bactria Industriehygiene-Service Verwaltungs GmbH against the Commission of the European Communities
   (Case T-76/04)
   (2004/C 106/146)
   Language of the case: English
   An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 17 February 2004 by Bactria Industriehygiene-Service Verwaltungs GmbH, Kirchheimboladen, Germany, represented by Mr K. Van Maldegem and Mr Claudio Mereu, lawyers.
   The applicant claims that the Court should:
   
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               order the annulment of Article 3 (and annex II), Article 4(2), Article 5(3), Article 10(2), second paragraph, Article 11(3), Article 13 and Article 14(2) of 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;
            
         
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               declare the illegality and the inapplicability vis-à-vis the applicant of Articles 9(a), 10(3), 11 and 16(1) of Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market;
            
         
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               declare the illegality and the inapplicability vis-à-vis the applicant of Article 6(2) of Commission Regulation (EC) No 1896/2000 of 7 September 2000 on the first phase of the programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council on biocidal products;
            
         
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               order the defendant to compensate the applicant in the provisional amount of 1 Euro for damages suffered as a result of the adoption and entry into force of the contested measure, as well as any applicable interest, pending the exact calculation and determination of the exact amount;
            
         
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               order the defendant to pay all costs and expenses in these proceedings.
            
         
      Pleas in law and main arguments:
   The pleas in law and arguments invoked by the applicant are the same as those invoked in Case T-75/04.