Judgments nº T-380/06 of Court of First Instance of the European Communities, of October 07, 2009

In Case T-380/06,

Vischim Srl, established in Cesano Maderno (Italy), represented by C. Mereu and K. Van Maldegem, lawyers,

applicant,

v

Commission of the European Communities, represented by L. Parpala and B. Doherty, acting as Agents,

defendant,

APPLICATION for the annulment of the second paragraph of Article 2 of Commission Directive 2006/76/EC of 22 September 2006 amending Council Directive 91/414/EEC as regards the specification of the active substance chlorothalonil (OJ 2006 L 263, p. 9),

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Sixth Chamber),

composed of A.W.H. Meij, President, F. Dehousse and V. Vadapalas (Rapporteur), Judges,

Registrar: C. Kantza, Administrator,

having regard to the written procedure and further to the hearing on 25 September 2008,

gives the following

Judgment

 Legal context

 Directive 91/414/EEC

1         As provided in Article 4(1)(a) of 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), -Member States shall ensure that a plant protection product is not authorised unless its active substances are listed in Annex I and any conditions laid down therein are fulfilled-.

2         Article 5(1) of Directive 91/414 states that, -in the light of current scientific and technical knowledge, an active substance shall be included in Annex I for an initial period not exceeding 10 years, if it may be expected that plant protection products containing the active substance will fulfil the - conditions- which are then set out and relate to the products not being harmful for human or animal health or the environment.

3         By virtue of the first and second indents of Article 5(4) of Directive 91/414, an active substance-s inclusion may be subject to requirements relating to -the minimum degree of purity of the active substance- and to -the nature and maximum content of certain impurities-.

4         Article 6(1) of Directive 91/414 provides:

-Inclusion of an active substance in Annex I shall be decided in accordance with the procedure laid down in Article 19.

The following shall also be decided in accordance with...

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