Order of the President of the Court of First Instance of 30 October 2008 - France v Commission

(Case T-257/07 R II)

(Application for interim measures - Health measures - Regulation (EC) No 999/2001 - Eradication of certain transmissible spongiform encephalopathies - Regulation (EC) No 746/2008 - Application for suspension of operation - Prima facie case - Urgency - Balancing of interests)

Language of the case: French

Parties

Applicant: French Republic (represented by: E. Belliard, R. Loosli-Surrans, A.-L. During and G. de Bergues, acting as Agents)

Defendant: Commission of the European Communities (represented by: M. Nolin and A. Bordes, acting as Agents)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented initially by: C. Gibbs and I. Rao, later by I. Rao, acting as Agents, assisted by T. Ward, barrister)

Re:

Application for suspension of the operation of Commission Regulation (EC) No 746/2008 of 17 June 2008 amending Annexe VII to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ 2008 L 202, p. 11), in so far as it introduces, into Chapter A of Annex VII point 2.3(b)(iii), point 2.3(d) and point 4

Operative part of the order

1.    The Annex to Commission Regulation (EC) No 746/2008 of 17 June 2008 amending Annexe VII to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies is suspended until judgment has been given in the main action in so far as it introduces, into Chapter A of Annex VII to Regulation (EC) No 999/2001 of 22 May 2001 point 2.3(b)(iii), point 2.3(d) and point 4;

2.    Costs are reserved.

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