Order of the President of the Court of First Instance of 14 March 2008 – Du Pont de Nemours (France) and Others v Commission
(Case T-467/07 R)
Application for interim relief – Directive 91/414/EEC – Application for suspension of operation of a measure – Admissibility – No urgency
1. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Balancing of all the interests involved – Discretion of the judge dealing with the application for interim relief (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 16-18)
2. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 30-34)
3. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission Decision concerning the withdrawal of authorisations for plant protection products containing methomyl (Art. 230, fourth para., EC; Commission Decision 2007/628) (see paras 40-46)
4. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Individual concern – Criteria – Commission Decision concerning the withdrawal of authorisations for plant protection products containing methomyl (Art. 230, fourth para., EC; Commission Decision 2007/628) (sees paras 53-63)
5. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Financial loss (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 88-91, 94, 98)
Re:
APPLICATION for suspension of the operation of Commission Decision 2007/628/EC of 19 September 2007 concerning the non-inclusion of methomyl in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2007 L 255, p. 40), until delivery of the judgment in the main proceedings.
Operative part
The Court:
1.
Dismisses the application for interim measures;
2.
Reserves the costs.
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