Court blocks damages claim from chemical companies

Companies attempting to sue the European Commission for profits lost due to restrictions on a potentially polluting pesticide have lost their case.


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The European Court of Justice has dismissed a claim for compensation, made against the European Commission, by Sumitomo Chemical Agro Europe SAS and Philagro France ASA, for damage allegedly suffered as a result EU restrictions on the pesticide procymidone.

The Court held that the action for damages was inadmissible, since the applicants did not explain, as required by Article 44(1)(c) of the Rules of Procedure, the reasons why they considered that there was a causal link between the alleged unlawfulness of the Commission’s position and the alleged damage suffered.

The Court also ruled that the action for damages was also manifestly lacking any foundation in law, within the meaning of Article 111 of the Rules of Procedure.

Judgement: T-454/05 may be accessed via the website of the ECJ at the following link.

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