The companies, Makhteshim-Agan Holding BV, Makhteshim-Agan Italia Srl and Magan Italia Srl, sought the annulment of a decision of the European Commission, allegedly contained within a letter, stating that it will not submit a proposal for the inclusion of azinphosmethyl in Annex I of the Pesticides Directive (91/414/EEC); or, in the alternative, seeking a declaration that the Commission has failed to act in unlawfully failing to submit such a proposal.

The Court found the application inadmissible on both counts. The Court held that the views expressed by the Commission were not capable of producing binding legal effects that could affect the applicants’ interest by bringing about a change in their legal position. Accordingly, the letter could not be regarded as an act open to challenge.

In addition, the Court also found that as the applicant has not first called upon the Commission to act before bringing its action, the applicants’ argument that the European Commission had failed to act must fail.

The decision of the ECJ is available via the link below:-

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