Order — ECLI:EU:T:2007:104
Date: 2007-03-30
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;Institution called upon to act;Definition of the institution's position
Procedure: Action for annulment;Application for interim measures - inadmissible;Action for failure to act
Origin: Italy;Netherlands

Order of the President of the Court of First Instance of 30 March 2007 – Makhteshim-Agan Holding and Others v Commission (Cases T-393/06 R I, T-393/06 R II and T-393/06 R III) Applications for interim measures – Applications for interim measures and for suspension of operation – Directive 91/414/EEC – Inadmissibility 1. Applications for interim measures – Conditions of admissibility – Admissibility of main application – Irrelevance – Limits (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(1); Council Directive 91/414, Art. 8(2)) (see paras 39-49) 2. Actions for failure to act – Formal notice to the institution (Art. 232 EC) (see paras 53-59) Re: APPLICATIONS for suspension of operation of a decision alleged to be contained in a letter from the Commission dated 12 October 2006 concerning the evaluation of the active substance azinphos-methyl, in accordance with Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ 1991 L 230, p. 1), and for other interim measures. Operative part 1. Cases T‑393/06 R I, T‑393/06 R II and T‑393/06 R III are joined for the purposes of the present order. 2. The applications for interim measures are dismissed. 3. Costs are reserved.