Language of document : ECLI:EU:T:2007:375





Order of the President of the Court of First Instance of 11 December 2007 – FMC Chemical and Others v Commission

(Case T-350/07 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 2007/416) (see paras 47-48, 50, 61-62, 67)

2.                     Applications for interim measures – Conditions of admissibility – Application – Formal requirements (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2) and (3)) (see paras 68-69)

3.                     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 109-112, 114, 118)

Re:

APPLICATION for suspension of the operation of Commission Decision 2007/416/EC of 13 June 2007, concerning the non-inclusion of carbofuran in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2007 L 156, p. 30) pending the full resolution of the dispute in the main proceedings.

Operative part

The Court:

1.

Dismisses the application for interim measures;

2.

Reserves the costs.