CELEX: C2007/315/63
Language: en
Date: 2007-12-22 00:00:00
Title: Case T-234/04: Judgment of the Court of First Instance of 8 November 2007 — The Netherlands v Commission (Action for annulment — Decision 2004/01/EC — Dangerous substances — Authorisation by the Commission required to maintain notified national provisions — Position adopted by the Commission on the extent of harmonisation — Challengeable act — Inadmissibility)

22.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/34
            
         Judgment of the Court of First Instance of 8 November 2007 — The Netherlands v Commission
   (Case T-234/04) (1)
   
   (Action for annulment - Decision 2004/01/EC - Dangerous substances - Authorisation by the Commission required to maintain notified national provisions - Position adopted by the Commission on the extent of harmonisation - Challengeable act - Inadmissibility)
   (2007/C 315/63)
   Language of the case: Dutch
   Parties
   
      Applicant: Kingdom of the Netherlands (represented by: H. Sevenster, J. van Bakel and M. de Grave, Agents)
   
      Defendant: Commission of the European Communities (represented by: F. Simonetti and M. van Beek, Agents)
   
      Intervener in support of the applicant: Kingdom of Denmark (represented by J. Molde, Agent)
   Re:
   ACTION for annulment of Commission Decision 2004/1/EC of 16 December 2003 concerning national provisions on the use of short-chain chlorinated paraffins notified by the Kingdom of the Netherlands under Article 95(4) [EC] (OJ 2004 L 1, p. 20), in so far as, in that decision, the Commission takes the view that its approval under Article 95(6) EC is required for the maintenance of Netherlands legislation on the uses of short-chain chlorinated paraffins to which no reference is made in Directive 2002/45/EC of the European Parliament and of the Council of 25 June 2002 amending for the 20th time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (short-chain chlorinated paraffins) (OJ 2002 L 177, p. 21)
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action as inadmissible;
            
         
               2.
            
            
               Orders the Kingdom of the Netherlands to bear its own costs and to pay those incurred by the Commission;
            
         
               3.
            
            
               Orders the Kingdom of Denmark to bear its own costs.
            
         
      (1)  OJ C 94, 17.4.2004 (formerly Case C-103/04).