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22.10.2011 |
EN |
Official Journal of the European Union |
C 311/35 |
Judgment of the General Court of 9 September 2011 — Dow AgroSciences and Others v Commission
(Case T-475/07) (1)
(Plant-protection products - Active substance trifluralin - Non-inclusion in Annex I to Directive 91/414/EEC - Action for annulment - Evaluation procedure - New study and additional study - Time-limits - Concepts of ‘risk’ and ‘hazard’ - Manifest error of assessment - Draft review report - Draft directive or decision - Time-limits - Consequences of possible non-compliance - Legitimate expectations - Principle of proportionality - Decision 1999/468/EC (‘the comitology decision’) - Regulation (EC) No 850/2004 - Article 3(3) - Plea of illegality)
2011/C 311/61
Language of the case: English
Parties
Applicants: Dow AgroSciences Ltd (Hitchin, United Kingdom) and the 20 other applicants, the names of which are listed in the Annex (represented by: C. Mereu and K. Van Maldegem, lawyers)
Defendant: European Commission (represented by: L. Parpala and B. Doherty, acting as Agents, assisted by J. Stuyck, lawyer)
Re:
Application for annulment of Commission Decision 2007/629/EC of 20 September 2007 concerning the non-inclusion of trifluralin in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2007 L 255, p. 42).
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Dow AgroSciences Ltd and the 20 other applicants, the names of which are listed in the Annex, to bear their own costs and also to pay the costs incurred by the European Commission. |