Order of the President of the Court of First Instance of 19 July 2007 - Du Pont de Nemours (France) and Others v Commission

(Case T-31/07 R)

(Applications for interim measures - Application for suspension of operation of a measure - Directive 91/414/EEC - Admissibility - Prima facie case - Urgency - Balance of interests)

Language of the case: English

Parties

Applicants: Du Pont de Nemours (France) SAS (Puteaux, France); Du Pont Portugal - Serviços, Sociedada Unipessoal Lda (Lisbon, Portugal); Du Pont Ibérica SL (Barcelona, Spain); Du Pont de Nemours (Belgium) BVBA (Mechelen, Belgium); Du Pont de Nemours Italiana Srl (Milan, Italy); Du Pont De Nemours (Nederland) BV (Dordrecht, Netherlands); Du Pont de Nemours (Deutschland) GmbH (Bad Homburg vor der Höhe, Germany); DuPont CZ s.r.o. (Prague, Czech Republic); DuPont Magyarország Kereskedelmi kft (Budaors, Hungary); DuPont Poland sp. z o.o (Warsaw, Poland); DuPont Romania Srl (Bucharest, Romania); DuPont (UK) Ltd (Stevenage, United Kingdom); Dy-Pont Agkro Ellas AE (Halandri, Greece); DuPont International Operations SARL (Grand Saconnex, Switzerland); DuPont Solutions (France) SAS (Puteaux) (represented by: D. Waelbroeck and N. Rampal, lawyers)

Defendant: Commission of the European Communities (represented by: L. Parpala and B. Doherty, acting as Agents)

Re:

Application for the suspension of certain provisions of Commission Directive 2006/133/EC of 11 December 2006 amending Council Directive 91/414/EEC to include flusilazole as active substance (OJ 2006 L 349, p. 27).

Operative part of the order

The expiry of the period for which flusilazole is included in Annex I to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market, fixed at 30 June 2008 in the Annex to Commission Directive 2006/133/EC of 11 December 2006 amending Council Directive 91/414/EEC to include flusilazole as active substance, is suspended until judgment is delivered in the main proceedings;

The date by which the Member States have to amend or withdraw, if necessary, after review, the authorisation of products containing flusilazole, also fixed at 30 June 2008 under the second subparagraph of Article 3(2) of Directive 2006/133, is suspended until judgment is delivered in the main proceedings;

The restriction contained in part A of the Specific Provisions of the Annex to Directive 2006/133 on the types of crops on which the use of flusilazole may be authorised by the Member States, namely cereals other than rice, oilseed rape, maize and sugar beet, is suspended until judgment is delivered in the main proceedings;

Costs are reserved.

____________