Judgment of the General Court (Fifth Chamber) of 19 January 2012.#Xeda International SA and Pace International LLC v European Commission.#Plant protection products – Active substance diphenylamine – Non-inclusion in Annex I to Directive 91/414/EEC – Withdrawal of authorisations of plant protection products containing that substance – Action for annulment – Locus standi – Admissibility – Proportionality – Article 6(1) of Directive 91/414 – Rights of the defence – Article 3(2) of Regulation (EC) No 1095/2007.#Case T-71/10.

Subject of the case

Re:

APPLICATION for annulment of Commission Decision 2009/859/EC of 30 November 2009 concerning the non-inclusion of diphenylamine in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2009 L 314, p. 79).

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Xeda International SA and Pace International LLC to bear their own costs and to pay those of the European Commission, including the costs relating to the proceedings for interim measures.