Judgment of the General Court of 16 December 2011 — Enviro Tech Europe Ltd and Enviro Tech International v Commission

(Case T-291/04) (1)

(Environment and consumer protection - Classification, packaging and labelling of n-propyl bromide as a dangerous substance - Directive 2004/73/EC - Directive 67/548/EEC - Regulation (EC) No 1272/2008 - Action for annulment - Late request to adapt claims - Legal interest in bringing proceedings - Lack of individual concern - Inadmissibility - Non-contractual liability - Judgment of the Court of Justice concerning the validity of Directive 2004/73 - Same subject-matter)

2012/C 32/30

Language of the case: English

Parties

Applicants: Enviro Tech Europe Ltd (Kingston upon Thames, United Kingdom); and Enviro Tech International, Inc. (Melrose Park, Illinois, United States) (represented by: C. Mereu and K. Van Maldegem, lawyers)

Defendant: European Commission (represented: initially by X. Lewis, and subsequently by P. Oliver and G. Wilms, Agents)

Re:

Application, first, for annulment of Commission Directive 2004/73/EC of 29 April 2004 adapting to technical progress for the twenty-ninth time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ 2004 L 152, p. 1, amended by OJ L 216, p. 3), in so far as Directive 2004/73 classified n-propyl bromide as a substance having certain dangerous properties and, second, for damages.

Operative part of the judgment

The Court:

(1)  OJ C 273, 6.11.2004.