Order of the President of the Court of First Instance of 27 April 2005 in Case T-34/05 R Makhteshim-Agan Holding BV and Others v Commission of the European Communities (Interlocutory proceedings — Interim measures — Action for failure to act — Admissibility — Directive 91/414/EEC)
Date: 2005-07-09
Institutions: Court of First Instance
Subjects: European Commission, appeal to the Court (EU), market approval, marketing standard, pharmaceutical industry, plant health product, testing

C 171/22

EN

Official Journal of the European Union

9.7.2005

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 27 April 2005

in Case T-34/05 R Makhteshim-Agan Holding BV and
Others v Commission of the European Communities

(Interlocutory proceedings — Interim measures — Action for
failure to act — Admissibility — Directive 91/414/EEC)

European Communities on 21 March 2005 by Robert Benkö,
Kohfidisch (Austria), Nikolaus Draskovich, Güssing (Austria),
Alexander Freiherr von Kottwitz-Erdödy, Kohlfidisch (Austria),
Peter Masser, Schwanberg (Austria), Alfred Prinz von und zu
Liechtenstein, Deutschlandsberg (Austria), Marenzi Privatstif-
tung, Ebergassing (Austria), Marktgemeinde Götzendorf an der
Leitha (Austria), Gemeinde Ebergassing (Austria), Ernst Harrach,
Bruck an der Leitha (Austria), Schlossgut Schönbühel-Aggstein
AG, Vaduz, and Heinrich Rüdiger Fürst Starhemberg'sche
Familienstiftung, Vaduz,
represented by M. Schaffgotsch,
lawyer.

(2005/C 171/37)

(Language of the case: English)

In Case T-34/05 R: Makhteshim-Agan Holding BV and Others,
established in Amsterdam (Netherlands), represented by C.
Mereu and K. Van Maldegen, lawyers, against Commission of
the European Communities (Agent: B. Doherty, with an address
for service in Luxembourg) — application for an order for
interim measures concerning the evaluation of Endosulfan with
a view to its possible inclusion in Annex I to 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) —
the President of the Court of First Instance made an order on
27 April 2005, the operative part of which is as follows:

1. The application for interim measures is dismissed.

2. Costs are reserved.

The applicants claim that the Court should:

1. annul the contested Commission decision in its entirety or,
should that form of order not be granted, in the alternative,

2. annul the contested decision in respect of all the Austrian
sites of Community importance (code AT in Annex 1 to the
contested decision) or, should that form of order not be
granted, in the alternative,

3. annul the inclusion of sites AT 1114813, AT 2242000,
AT 1220000, AT 1205A00, AT 3122000 and AT 3120000
in the contested Commission decision or, should that form
of order not be granted, in the alternative,

4. annul the inclusion of sites specified in Annex 1 to the
contested decision as sites of Community importance for
habitats and species with a degree of representativity and
global assessment of B, C and D (in the alternative, C and D
or, in the further alternative, D only) in accordance with the
standard data sheets of the Member States, in respect of

Action brought on 21 March 2005 by Robert Benkö and
Others against the Commission of the European Commu-
nities

(Case T-122/05)

(2005/C 171/38)

(Language of the case: German)

(a) all the sites included in the contested decision (as listed

in Annex 1) or, in the alternative

(b) all the Austrian sites (code AT in Annex 1) or, in the

alternative

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the

(c) only sites AT 1114813, AT 2242000, AT 1220000,

AT 1205A00, AT 3122000 and AT 3120000,