C_2004106EN.01007401.xml

30.4.2004

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:

—

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;

—	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;

—

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;

—	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;

—	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.