Order of the Court of First Instance of 25 May 2009 - Biofrescos v Commission

(Case T-159/09 R)

(Application for interim measures - Application for suspension of operation - Submission of the application - Inadmissibility - Financial loss - Lack of urgency)

Language of the case: Portuguese

Parties

Applicant: Biofrescos - Comércio de Produtos Alimentares, Lda (Linda-a-Velha, Portugal) (represented by: A. Magalhães Menezes, lawyer)

Defendant: Commission of the European Communities (represented by: R. Lyal, P. Guerra e Andrade and L. Bouyon, acting as Agents)

Re:

Application for suspension of the recovery of import duties not yet demanded of the applicant, in so far as that recovery was ordered by Commission Decision C (2009) 72 final of 16 January 2009, finding that it is justified to proceed to recovery a posteriori of those duties and that remission of those duties is not justified in the applicant's case.

Operative part of the order

1.    The application for interim measures is dismissed.

2.    Costs are reserved.

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