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Intervet International BV v Commission of the European Communities

Country/Territory
European Union
Type of court
International court
Date
Mar 7, 2002
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
Moura Ramos, R., M.
Pirrung, J.
Meij, A., W., H.
Reference number
Case T-212/99
Language
English
Subject
Waste & hazardous substances, Food & nutrition
Keyword
Hazardous substances Food quality control/food safety
Abstract
This was an application for the annulment of an alleged Commission decision by letter of 16 July 1999 rejecting an application by the applicant for the insertion of the substance altrenogest in Annex III to Council Regulation (EEC) No. 2377/90 of 26 June 1990 laying down a Community Procedure for the Establishment of Maximum residue Limits of Veterinary Medicinal Products in Foodstuffs of Animal Origin. The applicant sought in the alternative, a declaration that the Commission unlawfully failed to prepare a draft of measures to be taken, with a view to such insertion and to initiate the procedure laid down in Article 8 of the regulation. The Commission contended that the application be dismissed, and challenged the admissibility of the claim for annulment, submitting that its letter of 16 July 1999 did not constitute a decision that could be subject of an action. The court found that the letter of 16 July 1999 was confined to explaining the reasons for the delays in including altrenogest in one of the annexes to the 1990 Regulation and stating the Commission’s intention to take the procedural steps laid down by that Regulation once a new opinion it had requested was available. Therefore the letter of 16 July 1999 did not incorporate a decision that could be subject to annulment under the Article 230 EC. The claim for a declaration was therefore inadmissible and there was no need to adjudicate on the Commission’s alleged failure to act; but the Commission was ordered to bear its own costs and to pay one half of the applicant’s costs.
Full text
Intervet International BV v Comission of European Communities.pdf
Website
eur-lex.europa.eu