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6.10.2007 |
EN |
Official Journal of the European Union |
C 235/5 |
Judgment of the Court (Third Chamber) of 18 July 2007 — Industrias Químicas del Vallés, SA v Commission of the European Communities
(Case C-326/05 P) (1)
(Appeal - Non-inclusion of metalaxyl in Annex I to Directive 91/414/EEC - Withdrawal of authorisations for plant protection products containing that active substance - Distortion of the clear sense of the evidence - Manifest error of appraisal)
(2007/C 235/08)
Language of the case: Spanish
Parties
Appellant: Industrias Químicas del Vallés, SA, (represented by: C. Fernández Vicién, I. Moreno-Tapia Rivas and J. Sabater Marotias, abogados)
Other party to the proceedings: Commission of the European Communities (represented by: B. Doherty and S. Pardo Quintillán, Agents)
Re:
Appeal against the judgment of the Court of First Instance (Second Chamber) of 28 June 2005 in Case T-158/03 Industrias Químicas del Vallés v Commission dismissing an action for annulment of Commission Decision 2003/308/EC of 2 May 2003 concerning the non-inclusion of metalaxyl in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant-protection products containing this active substance (OJ 2003 L 113, p. 8)
Operative part of the judgment
The Court:
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1) |
Sets aside the judgment of the Court of First Instance of the European Communities of 28 June 2005 in Case T-158/03 Industrias Químicas del Vallés v Commission; |
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2) |
Annuls Commission Decision 2003/308/EC of 2 May 2003 concerning the non-inclusion of metalaxyl in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant-protection products containing this active substance; |
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3) |
Orders the Commission of the European Communities to pay the costs of the present proceedings and of the proceedings at first instance, including those relating to the proceedings for interim measures before both the Court of Justice and the Court of First Instance. |