Order of the President of the General Court of 8 April 2011 – Xeda International v Commission
(Case T-71/10 R II)
Application for interim measures – Directive 91/414/EEC – Decision concerning the non-inclusion of diphenylamine in Annex I to Directive 91/414 – Other application for suspension of operation of a measure – Lack of urgency
1. Application for interim measures – Suspension of operation of a measure – Dismissal of application – Possibility of bringing a new application – Condition – New facts – Meaning (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 109) (see paras 12-13)
2. Application for interim measures – Suspension of operation of a measure – Conditions for granting – New application for suspension of a decision not to include an active substance in Annex I of Directive 91/414 – Obligation to withdraw authorisations for products containing that substance already carried out by the Member States – Legal impossibility of extending the period of grace allowed for the disposal of those products – Financial loss below the seriousness threshold of 10% – Lack of urgency (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 109) (see paras 20-28)
Re:
| APPLICATION for suspension of operation of Commission Decision 2009/859/EC of 30 November 2009 concerning the non-inclusion of diphenylamine in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2009 L 314, p. 79). |
Operative part
1. | | The application for interim measures is dismissed. |