Case T-454/05 R: Order of the President of the Court of First Instance of  24 March 2006  — Sumitomo Chemical Agro Europe and Philagro France v Commission (Application for interim measures — Directive 91/414/EEC — Admissibility)
Date: 2006-05-20
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), market approval, plant health legislation, plant health product

20.5.2006

EN

Official Journal of the European Union

C 121/13

Order of the President of the Court of First Instance of 24
March 2006 — Sumitomo Chemical Agro Europe and
Philagro France v Commission

Action brought on 8 August 2005 — Fermont v Commis-
sion

(Case T-454/05 R)

(Application for interim measures — Directive 91/414/EEC
— Admissibility)

(2006/C 121/22)

Parties

(Case T-307/05)

(2006/C 121/23)

Language of the case: French

Language of the case: English

Parties

Applicants: Sumitomo Chemical Agro Europe SAS (Saint-Didier-
au-Mont-d'Or, France) and Philagro France SAS (Saint-Didier-
au-Mont-d'Or) (represented by: K. Van Maldegem and C. Mereu,
lawyers)

Defendant: Commission of the European Communities (repre-
sented by: B. Doherty, Agent)

Re:

for

first,

Application,
suspension of a decision allegedly
contained in a letter from the Commission of 20 October 2005
and, second, for an order for interim measures concerning the
administrative procedure conducted before the Commission for
the inclusion of procymidone 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)

Operative part of the order

1. The application for interim measures is dismissed.

2. Costs are reserved.

Applicant: Alain Fermont (Kraainem, Belgium) (represented by:
L. Kakiese, lawyer, and N. Luzeyemo, lawyer)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Court should:

— order the European Commission to procure the cessation of
the highly damaging machinations against the applicant of
the two officials complained about both of whom are
infringing the rules of the Staff Regulations;

— make a declaration that

the duty to protect

legitimate

expectations has been infringed;

— make a declaration that

the applicant has suffered and
experienced psychological harassment on the part of the
two officials complained about;

— order the European Commission, for failing to act in the
face of the highly damaging machinations of the two offi-
cials against the applicant, to pay EUR 5 040 000 for non-
material, physical and material damage.

Pleas in law and main arguments

The applicant in this case had concluded a contract of employ-
ment with the Centre for the Development of Undertakings
(CDU), a structure dependent on the Group of ACP States. As
part of the performance of that contract, the applicant's task
was to implement the harmonisation of the health authorities
and the monitoring of fishing in Sao Tomé and Principe and in
the Gulf of Guinea.

The applicant alleges, first of all, that the defendant impeded
the performance of his functions.

The applicant also alleges infringement of Regulation (EC) No
1049/2001 of the European Parliament and of the Council
regarding public access to European Parliament, Council and
Commission documents, and of the provisions of the Staff
Regulations
and
enshrining the duty of independence.

psychological

harassment

prohibiting