Dow loses bid to keep banned pesticide on market

EU judges say chemical giant failed to show that sales would not recover if ban overturned

American chemical giant Dow has lost its bid to continue marketing a recently-banned pesticide in the EU while European judges consider the firm's legal challenge to the prohibition.  In a ruling delivered this month the European court of justice said Dow's agrochemical arm would be able to recover its markets for haloxyfop-R if the ban is later overturned.  The ban would not cause "serious and irreparable damage", judges said.  Dow's arguments were "mere supposition…not backed up by any evidence or principle founded on experience".  See order in case T-367/07.

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