Herbicides – Europe

The company has asked the European Court to annul an EC decision relating to the non inclusion of trifluralin, a herbicide, in Annex I to Directive 91/414/EEC concerning the placing of plant protection products on the market and the withdrawal of authorisations for plant protection products containing it.

Separately however, Dow submitted an application for interim relief to the Court of First Instance, requesting that it suspend the operation of the Commission’s Decision, pending delivery of the full judgment in the main proceedings.

In throwing out the application the Court held that it had to dismiss Dow’s claim for interim measures on the grounds that there was no urgency which would justify the suspension of the Commission’s Decision.

The Order of the Court of First Instance may be accessed via this link.