CELEX: 62008TJ0561
Language: en
Date: 2011-10-18 00:00:00
Title: Judgment of the General Court (Second Chamber) of 18 October 2011. # Jürgen Gutknecht v European Commission. # Non-contractual liability - Health policy - Biocidal products - Establishment of a list of active substances on the market - Adoption of regulations by the Commission by virtue of Directive 98/8/EC - Causal link. # Case T-561/08.

Judgment of the General Court (Second Chamber) of 18 October 2011 – Gutknecht v Commission
      (Case T-561/08)
      Non-contractual liability – Health policy – Biocidal products – Establishment of a list of active substances on the market – Adoption of regulations by the Commission by virtue of Directive 98/8/EC – Causal link
      Non-contractual liability – Conditions – Causal link – Damage suffered following allegedly unlawful adoption by the Commission of legislative provisions implementing Directive
         98/8 – No direct causal link between the damage and those provisions (Art. 288, second para., EC) (see paras 24-25, 30-38, 40)
      
      Re:
      
         
               ACTION for damages seeking compensation for the loss suffered following the allegedly unlawful adoption by the Commission
                  of various regulations pursuant to 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 (OJ 1998 L 123, p. 1) or, in the alternative, following the alleged failure
                  by the Commission to adopt the measures necessary to ensure the right to protection of information supplied under that directive.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Mr Jürgen Gutknecht to bear his own costs and to pay those of the European Commission.