Vischim Srl. v.Commission of the European Communities

By this action the applicant, a notifier and main datasubmitter of chlorothalonil, has sought the annulment of Article 2 paragraph 2 of Directive 2006/76/EC concerning the amended specification of the active substance chlorothalonil listed in Annex I to Directive 91/414/EEC. According to the applicant, the new rules concerning the placing of plant protection products on the market did not provide for reasonable time limits during which Member States and the applicant could prepare themselves to meet new requirements and instead provided for retroactive application of its provisions. The Court of First Instance dismissed the action by stating that the contested Directive does not repeal Directive 2005/53, but merely amends Annex I to Directive 91/414 so far as concerns the specification for the substance at issue. According to the Court, the contested Directive therefore does not in any way affect the entire procedure for the inclusion of that substance in Annex I to Directive 91/414.