CELEX: 62010TO0071(01)
Language: en
Date: 2011-04-08 00:00:00
Title: Order of the President of the General Court of 8 April 2011. # Xeda International SA v European Commission. # Application for interim measures - Directive 91/414/EEC - Decision concerning the non-inclusion of diphenylamine in Annex I to Directive 91/414 - Other application for suspension of operation of a measure - Lack of urgency. # Case T-71/10 R II.

Order of the President of the General Court of 8 April 2011 – Xeda International v Commission
      (Case T-71/10 R II)
      Application for interim measures – Directive 91/414/EEC – Decision concerning the non-inclusion of diphenylamine in Annex I to Directive 91/414 – Other application for suspension of operation of a measure – Lack of urgency
      1.                     Application for interim measures – Suspension of operation of a measure – Dismissal of application – Possibility of bringing
            a new application – Condition – New facts – Meaning (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 109) (see
            paras 12-13)
      2.                     Application for interim measures – Suspension of operation of a measure – Conditions for granting – New application for suspension
            of a decision not to include an active substance in Annex I of Directive 91/414 – Obligation to withdraw authorisations for
            products containing that substance already carried out by the Member States – Legal impossibility of extending the period
            of grace allowed for the disposal of those products – Financial loss below the seriousness threshold of 10% – Lack of urgency
            (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 109) (see paras 20-28)
      Re:
      
         
               APPLICATION for suspension of operation of Commission Decision 2009/859/EC of 30 November 2009 concerning the non-inclusion
                  of diphenylamine in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products
                  containing that substance (OJ 2009 L 314, p. 79).
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.