Language of document : ECLI:EU:T:2008:214





Order of the President of the Court of First Instance of 18 June 2008 – Dow AgroSciences and Others v Commission

(Case T-475/07 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 – Conditions of admissibility – Prima facie admissibility of the main action (Arts 230 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(1); Council Directive 91/414; Commission Decision 2007/629) (see paras 27-28, 32, 47-48, 67)

2.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 69-72, 77, 103)

3.                     Applications for interim measures – Interim measures – Conditions for granting – Urgency – Account to be taken of a lack of diligence on the part of the applicant (Art. 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 111)

Re:

APPLICATION for suspension of the operation of Commission Decision 2007/629/EC of 20 September 2007 concerning the non-inclusion of trifluralin 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. 42), until delivery of the judgment in the main proceedings.

Operative part

The Court:

1.

Dismisses the application for interim measures;

2.

Reserves the costs.