Case T-415/06 P: Order of the Court of First Instance of 9 July 2007 — De Smedt v Commission (Appeals — Staff Cases — Contractual agents — Former auxiliary agent — Application for revision of the classification fixed at the time of recruitment — Appeal manifestly unfounded)
Date: 2007-09-22
Institutions: Court of First Instance
Subjects: European Commission, action by staff, appeal, contract staff, pay, personnel administration

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;