Case T-31/07 R: Order of the President of the Court of First Instance of 19 July 2007 — Du Pont de Nemours (France) and Others v Commission (Applications for interim measures — Application for suspension of operation of a measure — Directive 91/414/EEC — Admissibility — Prima facie case — Urgency — Balance of interests)
Date: 2007-09-22
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), marketing standard, pesticide, pharmaceutical product, plant health control, plant health product, summary procedure

22.9.2007

EN

Official Journal of the European Union

C 223/11

Order of the Court of First Instance of 9 July 2007 — De
Smedt v Commission

Order of the President of the Court of First Instance of
19 July 2007 — Du Pont de Nemours (France) and Others
v Commission

(Case T-415/06 P) (1)

(Case T-31/07 R)

(Appeals — Staff Cases — Contractual agents — Former
auxiliary agent — Application for revision of the classifica-
tion fixed at the time of recruitment — Appeal manifestly
unfounded)

(Applications for interim measures — Application for suspen-
sion of operation of a measure — Directive 91/414/EEC —
Admissibility — Prima facie case — Urgency — Balance of
interests)

(2007/C 223/15)

Language of the case: French

(2007/C 223/16)

Language of the case: English

Parties

Appellant: Elisabeth De Smedt (Wezembeek-Oppem, Belgium)
(represented by: L. Vogel and R. Kechiche, lawyers)

Other parties to the proceedings: Commission of the European
Communities
J. Currall and G. Berscheid,
Agents); and Council of the European Union (represented by: M.
Arpio Santacruz and I. Sulce, Agents)

(represented by:

Re:

Appeal against the judgment of the Civil Service Tribunal of the
European Union (Second Chamber) of 19 October 2006 in
Case F-59/05 De Smedt v Commission, not yet published in the
ECR-SC, seeking to have that judgment set aside.

Operative part of the order

The Court:

1. Dismisses the appeal;

2. Orders Ms Elisabeth De Smedt to bear her own costs and to pay

those of the Commission;

3. Orders the Council to bear its own costs.

(1) OJ C 42, 24.2.2007.

Parties

Applicants: Du Pont de Nemours (France) SAS (Puteaux, France);
Du Pont Portugal — Serviços, Sociedada Unipessoal Lda
(Lisbon, Portugal); Du Pont Ibérica SL (Barcelona, Spain); Du
Pont de Nemours (Belgium) BVBA (Mechelen, Belgium); Du Pont
de Nemours Italiana Srl (Milan, Italy); Du Pont De Nemours
(Nederland) BV (Dordrecht, Netherlands); Du Pont de Nemours
(Deutschland) GmbH (Bad Homburg vor der Höhe, Germany);
DuPont CZ s.r.o.
(Prague, Czech Republic); DuPont Magyar-
ország Kereskedelmi kft (Budaors, Hungary); DuPont Poland sp.
(Bucharest,
z o.o (Warsaw, Poland); DuPont Romania Srl
Romania); DuPont (UK) Ltd (Stevenage, United Kingdom); Dy-
Pont Agkro Ellas AE (Halandri, Greece); DuPont International
Operations SARL (Grand Saconnex, Switzerland); DuPont Solu-
tions (France) SAS (Puteaux) (represented by: D. Waelbroeck and
N. Rampal, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: L. Parpala and B. Doherty, acting as Agents)

Re:

Application for the suspension of certain provisions of Commis-
sion Directive 2006/133/EC of 11 December 2006 amending
Council Directive 91/414/EEC to include flusilazole as active
substance (OJ 2006 L 349, p. 27).

Operative part of the order

1. The expiry of the period for which flusilazole is included in Annex
I to Council Directive 91/414/EEC of 15 July 1991 concerning
the placing of plant protection products on the market, fixed at
30 June 2008 in the Annex
to Commission Directive
2006/133/EC of 11 December 2006 amending Council Directive
91/414/EEC to include flusilazole as active substance, is suspended
until judgment is delivered in the main proceedings;

2. The date by which the Member States have to amend or withdraw,
if necessary, after review, the authorisation of products containing
flusilazole, also fixed at 30 June 2008 under the second sub-
paragraph of Article 3(2) of Directive 2006/133,
is suspended
until judgment is delivered in the main proceedings;

C 223/12

EN

Official Journal of the European Union

22.9.2007

3. The restriction contained in part A of the Specific Provisions of the
Annex to Directive 2006/133 on the types of crops on which the
use of flusilazole may be authorised by the Member States, namely
is
cereals other
suspended until judgment is delivered in the main proceedings;

than rice, oilseed rape, maize and sugar beet,

4. Costs are reserved.

Action brought on 17 July 2007 — Estonia v Commission

(Case T-263/07)

(2007/C 223/17)

Language of the case: Estonian

Parties

Applicant: Republic of Estonia (represented by Lembit Uibo,
Agent)

Defendant: Commission of the European Communities

Form of order sought

the decision of

the Commission of

Annul
the European
Communities of 4 May 2007 concerning the national green-
house gas allocation plan submitted by Estonia in accordance
with Directive 2003/87/EC of the European Parliament and of
the Council (1)

— Infringement of Article 175(2)(c) EC,

the
EC Treaty the Commission does not have competence to
adopt measures which significantly affect a Member State's
choice between different energy sources and the general
structure of its energy supply;

since under

— Breach of the principle of good administration, since the
Commission did not take account when taking its decision
of all the essential circumstances present in the individual
case and did not verify whether all the assumptions made
when taking its decision were correct;

— Breach of the obligation to state reasons.

(1) Directive 2003/87/EC of

the
Council of 13 October 2003 establishing a scheme for greenhouse
gas emission allowance trading within the Community and amending
Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).

the European Parliament and of

Action brought on 9 July 2007 — Italian Republic v
Commission

(Case T-267/07)

(2007/C 223/18)

Language of the case: Italian

Parties

Applicant:
Fiorentino, Avvocati dello Stato)

Italian Republic (represented by: G. Aiello and S.

Pleas in law and main arguments

Defendant: Commission of the European Communities

The Commission's decision of 4 May 2007 concerning the
national greenhouse gas allocation plan submitted by Estonia in
the European
accordance with Directive 2003/87/EC of
Parliament and of
the Council should be annulled on the
following grounds:

— Infringement of Article 9(1) and (3) and Article 11(2) of
Directive 2003/87/EC and the consequent exceeding of
competence;

— Manifest errors of assessment, since the Commission did not
take into account correct information available to it, but
relied on false assumptions which directly and essentially
affected the outcome of
the contested decision and the
determination of the overall amount of emission allowances;

Form of order sought

— annul Commission Decision C(2007) 1901 final of 27 April
2007 on the clearance of the accounts of the paying agen-
cies of Member States concerning expenditure financed by
the European Agricultural Guidance and Guarantee Fund
(EAGGF), Guarantee Section, for the 2006 financial year, in
so far as it charges to the Italian Republic, as provided for in
Article 32(5) of Regulation (EC) No 1290/2005, 50 % of
the financial consequences of the non-recovery of amounts
in the cases of irregularity or negligence under consideration
in the present application.