Order of the Court (Fifth Chamber) of 22 January 2010 – Makhteshim-Agan Holding and Others v Commission
(Case C-69/09 P)
Appeal – Directive 91/414/EEC – Positive list – Azinphos-methyl – Decision 1999/468/EC – Commission letter – Decision not to continue the evaluation procedure – Act which may be the subject of an action for annulment – Appeal clearly unfounded
Actions for annulment – Actionable measures – Definition – Measures producing binding legal effects – Procedure for notifying and evaluating active substances on the market for plant protection products – Letter of the Commission declaring its intention not to continue the evaluation procedure (Art. 230 EC; Council Directive 91/414, Annex I; Council Decision 1999/468, Art. 5) (see paras 37-38, 41, 44-45)
Re:
| Appeal brought against the order of the Court of First Instance (Sixth Chamber) of 26 November 2008 in Case T‑393/06 | Makhteshim-Agan Holding and Others | v | Commission | in which the Court of First Instance declared inadmissible an action for annulment of the decision of the Commission not to submit a proposal for the inclusion of the active substance azinphos-methyl in Annex I to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ 1991 L230, p.1), allegedly contained in a letter of 12 October 2006 (D/531125) – Actionable measure. |
Operative part
1. |
| The appeal is dismissed. |
2. |
| Makhteshim-Agan Holding BV, Makhteshim-Agan Italia Srl and Magan Italia Srl are ordered to pay the costs. |