Case T-238/07 R: Order of the Judge (Interim measures) of 18 October 2007 — Ristic and Others v Commission (Interim measures — Application for stay of execution — Directive 96/23/EC — Lack of urgency — Balance of interests)
Date: 2007-12-22
Institutions: Court of First Instance
Subjects: Costa Rica, action for annulment (EU), aquaculture, crustacean, food inspection, import policy, third country

C 315/40

EN

Official Journal of the European Union

22.12.2007

Order of the Court of First Instance of 17 October 2007 —
Sumitomo Chemical Agro Europe and Philagro France v
Commission

measures requested by Sumitomo Chemical Agro Europe and its
affiliates in the letter of 5 September 2005.

(Case T-454/05) (1)

4. Sumitomo Chemical Agro Europe and Philagro France are to bear

their own costs and pay those incurred by the Commission.

(Plant protection products — Active substance procymidone
— Directive 91/414/EEC — Action for annulment — Action
for failure to act — No need to adjudicate — Action for
damages — Inadmissibility — Action manifestly unfounded)

(1) OJ C 60, 11.3.2006.

(2007/C 315/75)

Language of the case: English

Parties

Applicants: Sumitomo Chemical Agro Europe SAS (Lyon, France)
and Philagro France SAS (Lyon)
(represented by: K. Van
Maldegem and C. Mereu, Lawyers)

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

Re:

the Commission allegedly contained in the

Application for, first and primarily, annulment of the decision
of
letter of
20 October 2005 concerning authorisation to place the active
substance procymidone on the market pursuant
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); second, as an alternative to the claim for annulment, for a
declaration that the Commission unlawfully failed to adopt the
measures requested by Sumitomo Chemical Agro Europe SAS
and its affiliates in a letter of 5 September 2005; and, third, for
damages for the loss allegedly suffered by the applicants as a
result of the Commission's adoption of the decision allegedly
contained in the letter of 20 October 2005 and, in the alterna-
tive, as a result of
the
measures requested in the letter of 5 September 2005.

the Commission's failure to adopt

Operative part of the order

1. There is no longer any need to adjudicate on the actions for annul-

ment and failure to act.

2. The action for damages is dismissed as inadmissible in so far as it
seeks compensation for the damage allegedly suffered by Sumitomo
Chemical Agro Europe SAS and Philagro France SAS as a result
of
the decision allegedly
the adoption by the Commission of
contained in the letter of 20 October 2005.

Order of the Judge (Interim measures) of 18 October 2007
— Ristic and Others v Commission

(Case T-238/07 R) (1)

(Interim measures — Application for stay of execution —
Directive 96/23/EC — Lack of urgency — Balance of
interests)

(2007/C 315/76)

Language of the case: German

Parties

AG

Ristic

Piratic
Applicants:
Meeresfrüchte Import GmbH (Burgthann); Prime Catch Seafood
GmbH (Burgthann);
and Rainbow Export Processing SA
(Puntarenas, Costa Rica) (represented by: H. Schmidt, lawyer)

(Burgthann,

Germany);

Defendant: Commission of the European Communities (repre-
sented by: F. Erlbacher and A. Szmytkowska, acting as Agents)

Re:

of

Application for stay of execution of Commission Decision
2007/362/EC
amending Decision
2004/432/EC on the approval of residue monitoring plans
submitted by third countries in accordance with Council Direc-
tive 96/23/EC (OJ 2007 L 138, p. 18)

16 May

2007

Operative part of the order

1. The application is dismissed.

2. The costs are reserved.

3. The action for damages is dismissed as manifestly without founda-
tion in law in so far as it seeks compensation for the damage alleg-
edly suffered by Sumitomo Chemical Agro Europe and Philagro
France as a result of the failure by the Commission to adopt the

(1) OJ C …