Thursday, November 03, 2011


It looks like I missed an interesting judgement last week. Apparently there's more to the General Court's Microban case than meets the eye. In my defence, this is the headnote:
Public health – List of additives which may be used in the manufacture of plastic materials and articles intended to come into contact with foodstuffs – Withdrawal by the original applicant of the application for inclusion of an additive on the list – Commission decision not to include 2,4,4’-trichloro-2’-hydroxydiphenyl ether in the list – Actions for annulment – Admissibility – Regulatory act – Whether directly concerned – No implementing measures – Legal basis you can see why I would not immediately jump in to read the judgement. However, there is an interesting issue of procedure there, regarding the admissibility of an action of annulment for this kind of regulatory act. The new Eutopia Law blog has the story. The key point is that the General Court defined Regulatory Acts as "all acts of general application apart from legislative acts".

[UPDATE: On the blog of the King's Student Law Review, dr. Agne Limante has another useful writeup of this Microban case and the related Inuit case.]


Ron said...

Sorry that this is not related to the Microban case, but as there's no other way to contact you here, I thought this Council document on all cases involving the Council in the first half of 2011 may be of interest for you.

martinned said...

Thanks. I'll put it in this week's newsletter. (Which is a bit delayed due to a business trip.)