Order — ECLI:EU:C:2008:430
Date: 2008-07-17
Language of the case: English
Court formation: President of the Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Concepts: Application for interim measures: suspension of operation of the contested measure and other interim measures
Procedure: Appeal;Application for interim measures
Origin: Italy;Netherlands

Order of the president of the Court of 17 July 2008 – Makhteshim-Agan Holding and Others v Commission (Case C‑277/07 P(R)) Appeals – Applications for interim measures and the suspension of the operation of a measure – Directive 91/414/EEC – Inadmissibility 1. Applications for interim measures – Suspension of operation of a measure – Conditions of admissibility – Prima facie admissibility of the main action (Art. 242 EC; Council Directive 91/414, Art. 8(2) and Annex I) (see paras 23-26) 2. Applications for interim measures – Suspension of operation of a measure – Application for suspension of operation of a measure other than the measure challenged in the main proceedings and emanating from another institution – Inadmissible (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(1)) (see paras 27-28) Re: Appeal brought against the order of the President of the Court of First Instance of 30 March 2007 in Case T‑393/06 R Makhteshim Agan Holding and Others v Commission dismissing the applications for interim measures and for the suspension of the operation of a measure on the ground that the main application is prima facie inadmissible – Actionable measure for the purposes of Article 230 EC – Measure constituting a definition of position within the meaning of Article 232 EC. Operative part The Court: 1. Dismisses the appeal; 2. Orders Makhteshim-Agan Holding BV, Makhteshim-Agan Italia Srl and Magan Italia Srl to pay the costs.