87In that regard, the Court has repeatedly held that, under the provisions of Article 8 of Regulation No 451/2000, the Commission is not bound by the opinion of EFSA. Although, admittedly, the Commission adopts its decision not to include, or to include, the substance in question in Annex I to Directive 91/414 after obtaining the opinion of EFSA, note must be taken of the fact that there is nothing in Regulation No 451/2000 to suggest that the Commission is obliged to comply with EFSA opinions in substantive terms and therefore has no discretion (orders of the Court of 17 June 2008 in Case T-312/06 FMC Chemical v EFSA, not published in the ECR, paragraphs 52 to 54, in Case T-397/06 Dow AgroSciences v EFSA, not published in the ECR, paragraph 49, and in Case T-311/06 FMC Chemical and Arysta Lifesciences v EFSA, not published in the ECR, paragraph 52).
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