Order — ECLI:EU:C:2007:209
Date: 2007-04-03
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;Environment;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;Action for damages;Application for interim measures
Origin: Italy

Order of the President of the Court of 3 April 2007 – Vischim v Commission (Case C-459/06 P(R)) Appeal – Interim measures – Application for suspension of operation – Directive 91/414/EEC – Fresh application for interim measures – New facts – Urgency – None 1. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – ‘Prima facie case’ – Urgency – Serious and irreparable damage – Cumulative nature – Balancing of the interests involved (Arts 242 EC and 243 EC; Rules of Procedure of the Court, Art. 83(2); Rules of Procedure of the Court of First Instance, Art. 109) (see para. 23) 2. Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of the assessment of the evidence – 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 31-32) Re: Appeal against the order of the President of the Court of First Instance of 13 October 2006 in Case T-420/05 R II Vischim v Commission dismissing a second application for suspension of enforcement in connection with an application for partial annulment of Commission Directive 2005/53/EC of 16 September 2005 amending Council Directive 91/414/EEC to include chlorothalonil, chlorotoluron, cypermethrin, daminozide and thiophanate-methyl as active substances (OJ 2005 L 241, p. 51) – New facts not capable of calling into question the assessments on which the dismissal of the first application was founded. Operative part 1. The appeal is dismissed. 2. Vischim Srl is ordered to pay the costs.