Order — ECLI:EU:C:2009:181
Date: 2009-03-24
Language of the case: English
Court formation: President of the Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Plant health legislation
Concepts: Application for interim measures: suspension of operation of the contested measure and other interim measures;Appeals
Procedure: Action for annulment;Appeal - unfounded;Application for interim measures
Origin: Bulgaria;Denmark;Spain;France;Italy

Order of the President of the Court of 24 March 2009 – Cheminova and Others v Commission (Case C‑60/08 P(R)) Appeals – Application for interim measures – Withdrawal of authorisations for the placing of plant protection products containing malathion on the market – Admissibility – Urgency 1. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof (see paras 36-38) 2. Appeals – Grounds (Art. 225 EC; Statute of the Court of Justice, (Art. 58)) (see para. 71) Re: Appeal against the order of the President of the Court of First Instance of 4 December 2007 in Case T-326/07 R Cheminova and Others v Commission rejecting an application to suspend the operation of Commission Decision 2007/389/EC of 6 June 2007 concerning the non-inclusion of malathion in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2007 L 146, p. 19). Operative part: 1. The appeal is dismissed. 2. Cheminova A/S, Cheminova Agro Italia Srl, Cheminova Bulgaria EOOD, Agrodan SA and Lodi SAS shall pay the costs. 3. European Crop Protection Association (ECPA) shall bear their own costs.