Case T-312/08 R: Order of the President of the Court of First Instance (Interim measures) of 26 September 2008 — Ellinikos Niognomon v Commission (Application for interim measures — Directive 94/57/EC — Common rules and standards applicable to ship inspection and survey organisations — Withdrawal of recognition granted to such an organisation — Application for suspension of operation of a measure — Inadmissibility)
Date: 2008-09-26
Institutions: Court of First Instance
Subjects: European Commission, Greece, action for annulment (EU), maritime safety, maritime transport, roadworthiness tests, vessel

C 301/40

EN

Official Journal of the European Union

22.11.2008

Order of the President of the Court of First Instance
(Interim measures) of 26 September 2008 — Ellinikos
Niognomon v Commission

Action brought on 11 August 2008 — Stichting Natuur
en Milieu and Pesticide Action Network Europe v
Commission

(Case T-312/08 R)

(Application for interim measures — Directive 94/57/EC —
Common rules and standards applicable to ship inspection
and survey organisations — Withdrawal of
recognition
granted to such an organisation — Application for suspension
of operation of a measure — Inadmissibility)

(Case T-338/08)

(2008/C 301/69)

Language of the case: Dutch

(2008/C 301/68)

Parties

Language of the case: English

Applicants: Stichting Natuur en Milieu (Utrecht, Netherlands) and
Pesticide Action Network Europe (London, United Kingdom)
(represented by: B. Kloostra and A. van den Biesen, lawyers)

Defendant: Commission of the European Communities

Parties

Form of order sought

Applicant: Ellinikos Niognomon AE (Piraeus, Greece)
sented by: S. Pappas, lawyer)

(repre-

— annul the Commission decisions of 1 July 2008 addressed

to the applicants;

Defendant: Commission of the European Communities (repre-
sented by: H. Krämer and N. Yerrell, acting as Agents)

— order the Commission to conduct a substantive examination

of the requests for internal review;

— order the Commission to pay the costs of the proceedings.

Re:

Application for suspension of operation of the letter of the
Commission withdrawing the recognition granted to the appli-
cant by Commission Decision 2005/623/EC of 3 August 2005
on the extension of
the Hellenic
Register of Shipping (Ellinikos Niognomon AE) (OJ 2005 L 219,
p. 43)

the limited recognition of

Operative part of the order

1. The application for interim measures is dismissed.

2. Costs are reserved.

Pleas in law and main arguments

The applicants have requested the Commission to review Regu-
lation No 149/2008 (1), in accordance with Title IV of Regu-
lation No 1367/2006 (2). By letters of 1 July 2008 the Commis-
sion declared those requests to be inadmissible on the ground
that the contested regulation could not be regarded as being an
act of individual scope or as being a bundle of decisions.

In support of their application, the applicants first submit that
Regulation No 149/2008 consists of a bundle of decisions. The
applicants contend that Regulation No 149/2008 applies to a
definitively defined and previously determined group of
products and active substances.

In this connection, the applicants also invoke the content of
Regulation No 396/2005 (3). Under Article 6 of that regulation,
a separate application for modification may be submitted for
each maximum residue level established. This possibility is also
granted to civil-society organisations with an interest in health,
such as the applicants. A decision on such an application, they
contend, must therefore be a decision which specifically relates
to a particular product or a particular active substance. The
same reasoning ought, in the applicants' view, to be followed in
respect of maximum residue levels established by Regulation
No 149/2008.