CELEX: 62007TO0467
Language: en
Date: 2008-03-14 00:00:00
Title: Order of the President of the Court of First Instance of 14 March 2008. # Du Pont de Nemours (France) SAS and Others v Commission of the European Communities. # Application for interim relief - Directive 91/414/EEC - Application for suspension of operation of a measure - Admissibility - No urgency. # Case T-467/07 R.

Order of the President of the Court of First Instance of 14 March 2008 – Du Pont de Nemours (France) and Others v Commission
      (Case T-467/07 R)
      Application for interim relief – Directive 91/414/EEC – Application for suspension of operation of a measure – Admissibility – No urgency
      1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima
            facie case – Urgency – Cumulative nature – Balancing of all the interests involved – Discretion of the judge dealing with
            the application for interim relief (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))
            (see paras 16-18)
      2.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))
            (see paras 30-34)
      3.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission Decision
            concerning the withdrawal of authorisations for plant protection products containing methomyl (Art. 230, fourth para., EC;
            Commission Decision 2007/628) (see paras 40-46)
      4.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Individual concern
            – Criteria – Commission Decision concerning the withdrawal of authorisations for plant protection products containing methomyl
            (Art. 230, fourth para., EC; Commission Decision 2007/628) (sees paras 53-63)
      5.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious
            and irreparable damage – Financial loss (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))
            (see paras 88-91, 94, 98)
      Re:
      
         
               APPLICATION for suspension of the operation of Commission Decision 2007/628/EC of 19 September 2007 concerning the non-inclusion
                  of methomyl in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products
                  containing that substance (OJ 2007 L 255, p. 40), until delivery of the judgment in the main proceedings.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the application for interim measures;
               
            
         
                  2.
               
               
                  
               
               
                  	Reserves the costs.