Order of the President of the Court of First Instance of 18 June 2007 – Italy v Commission
(Case T-431/04 R)
Interim relief – Application for interim measures – Regulation (EC) No 1429/2004 – Common organisation of the market in wine – System for the use of names of vine varieties and their synonyms – Use limited in time – Application devoid of purpose
1. Applications for interim measures – Interim measures – Conditions for granting – Urgency – ‘Prima facie case’ – Cumulative nature – Weighing‑up of all the interests at stake (Art. 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 22-23)
2. Applications for interim measures – Interest in bringing proceedings (Arts 242 EC and 243 EC) (see paras 26, 33-34)
Re:
APPLICATION for interim measures seeking, principally, a stay of execution until delivery of the judgment by the Court of Justice in Joined Cases C-23/07 and C-24/07 of the provision limiting to 31 March 2007 the right to use the name ‘tocai friulano’, which name appears in the form of an explanatory note to Point 103 of Annex I to Commission Regulation (EC) No 1429/2004 of 9 August 2004 amending Regulation (EC) No 753/2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products (OJ 2004 L 263, p. 11), and, as a subsidiary plea, a stay of execution of that provision within the territory of the Italian Republic until delivery of the judgment by the Court of Justice in Joined Cases C‑23/07 and C-24/07, together with a prohibition of exports of production in the Community and without prejudice to the marketing of Hungarian-produced wine bearing the name ‘tokaj’ or homonyms thereof accepted for marketing in Italy and in the Community.
Operative part
The Court:
Dismisses the application for interim measures;
Reserves the costs.
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