15.8.2008   

EN

Official Journal of the European Union

C 209/54


Order of the Court of First Instance of 17 June 2008 — Dow AgroSciences v EFSA

(Case T-397/06) (1)

(Action for annulment - Action for damages - Directive 91/414/EEC - Plant protection products - Opinion of the European Food Safety Authority - Non-actionable measure - Preparatory measure - Inadmissibility)

(2008/C 209/96)

Language of the case: English

Parties

Applicant: Dow AgroSciences Ltd (Hitchin, Hertfordshire, United Kingdom) (represented by: K. Van Maldegem and C. Mereu, lawyers)

Defendant: European Food Safety Authority (EFSA) (represented initially by: A. Cuvillier and D. Detken, and subsequently by A. Cuvillier and S. Gabbi, Agents)

Intervener in support of the Defendant: Commission of the European Communities (represented by: L. Parpala and B. Doherty, Agents)

Re:

APPLICATION for (i) annulment of the opinion of EFSA of 28 July 2006 on the assessment of the active substance haloxyfop-R under 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), and (ii) compensation for the damage sustained.

Operative part of the order

1.

The action is dismissed.

2.

Dow AgroSciences Ltd, the European Food Safety Authority (EFSA) and the Commission shall each bear their own costs.


(1)  OJ C 42 of 24.2.2007.