Order — ECLI:EU:C:2008:31
Date: 2008-01-23
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: France

Order of the President of 23 January 2008 – Sumitomo Chemical Agro Europe v Commission (Case C‑236/07 P(R)) Appeal – Application for interim measures – Application for suspension of operation of a measure – Directive 91/414/EEC – Directive 2006/132/EC – Procymidone as an active substance – 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 (Arts 242 EC and 243 EC) (see paras 23-26) 2. Appeals – Pleas in law – Review by the Court of Justice of the assessment of the facts put before the Court of First Instance – Possible only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see paras 37-38, 46) Re: Appeal against the order of the President of the Court of First Instance of 26 February 2007 in Case T-416/06 R Sumitomo Chemical Agro Europe v Commission rejecting, on the grounds of lack of urgency, an application for suspension of the operation of a measure brought in connection with an action for the partial annulment of Commission Directive 2006/132/EC of 11 December 2006 amending Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market, to include procymidone as active substance (OJ 2006 L 349, p. 22). Operative part The Court: 1. Dismisses the appeal; 2. Orders Sumitomo Chemical Agro Europe SAS to pay the costs.