Member States may take unilateral protective  measures if they have previously raised concerns about  an active substance with the Commission and the Commission does not adopt protective measures.
[...]
As regards whether the implementing regulations can  be regarded as measures taken by the Commission in response to France's communication, the Court notes that EU legislature thus established a specific emergency procedure that is closely linked to the emergency procedures laid down in the harmonisation regulation. The implementing regulations were not adopted on the basis of the emergency procedures of the harmonisation regulation, but on the basis of other provisions of that regulation. The Court therefore  takes the view that those implementing regulations cannot be regarded as measures taken by the Commission in response to France's communication.