CELEX: 62006TO0393(01)
Language: en
Date: 2008-11-26 00:00:00
Title: Order of the Court of First Instance (Sixth Chamber) of 26 November 2008. # Makhteshim-Agan Holding BV, Makhteshim-Agan Italia Srl and Magan Italia Srl v Commission of the European Communities. # Action for annulment - Action for failure to act - Directive 91/414/EEC - Plant protection products - Active substance azinphos-methyl - Inclusion in Annex I to Directive 91/414/EEC - Absence of a new Commission proposal after opposition by the Council - Article 5(6) of Decision 1999/468/EEC - Non-actionable measure - Absence of a request to act - Inadmissibility. # Case T-393/06.

Order of the Court of First Instance (Sixth Chamber) of 26 November 2008 – Makhteshim-Agan Holding and Others v Commission
            
      (Case T-393/06)
      Action for annulment – Action for failure to act – Directive 91/414/EEC – Plant protection products – Active substance azinphos-methyl – Inclusion in Annex I to Directive 91/414/EEC – No new Commission proposal after opposition by the Council – Article 5(6) of Decision 1999/468/EEC – Non-actionable measure – No request to act – Inadmissibility
      1.                     Actions for annulment – Actionable measures – Definition – Measures producing binding legal effects (Art. 230 EC; Council
            Directive 91/414, Annex I; Council Decision 1999/468, Art. 5(6), second para.) (see paras 31, 44-45)
      2.                     Actions for failure to act – Institution not called upon to act (Art. 232, second para., EC) (see paras 49-50)
      Re: 
      
         
               APPLICATION for annulment of the Commission decision, alleged to be contained in a letter of 12 October 2006, not to submit
                  a proposal with a view to inclusion of the active substance azinphos-methyl in Annex I to Council Directive 91/414/EEC of
                  15 July 1991 concerning the placing of plant protection products on the market (OJ 1991 L 230, p. 1), or, in the alternative,
                  application for a declaration that the Commission has failed to act in unlawfully failing to submit such a proposal.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action as inadmissible;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Makhteshim-Agan Holding BV, Makhteshim-Agan Italia Srl and Magan Italia Srl to pay their own costs and pay those incurred
                     by the Commission;
                  
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the European Crop Protection Association to pay its own costs.