Order of the General Court of 9 June 2010 — BASF Plant Science and Others v European Commission

(Case T-293/08) (1)

(Approximation of laws - Deliberate release into the environment of genetically modified organisms - Authorisation procedure for placing on the market - Failure to adopt a decision - Action for failure to act - Action deprived of purpose - No need to adjudicate)

2010/C 221/71

Language of the case: English

Parties

Applicants: BASF Plant Science GmbH (Ludwigshafen, Germany), Plant Science Sweden AB (Svalöv, Sweden), Amylogene HB (Svalöv), and BASF Plant Science Co. GmbH, formerly BASF Plant Science Holding GmbH (Ludwigshafen) (represented by: D. Waelbroeck and U. Zinsmeister, lawyers, and D. Slater, Solicitor)

Defendant: European Commission (represented by: C. O’Reilly and C. Zadra, acting as Agents)

Intervening Party: Kingdom of Denmark (represented by J. Bering Liisberg and R. Holdgaard, acting as Agents)

Re:

Application for a declaration that, by failing to adopt a decision with regard to the applicants’ notification relating to the placing of a genetically modified Amflora potato on the market, the Commission failed to fulfil its obligations under Article 18(1) of 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) and under Article 5 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ 1999 L 184, p. 23)

Operative part of the order

(1)  OJ C 272, 25.10.2008.