CELEX: 62010TO0071
Language: en
Date: 2010-04-30 00:00:00
Title: Order of the President of the General Court of 30 April 2010. # 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 - Application for suspension of operation of a measure - Lack of urgency. # Case T-71/10 R.

Order of the President of the General Court of 30 April 2010 – Xeda International and Pace International v Commission
      (Case T-71/10 R)
      Application for interim measures – Directive 91/414/EEC – Decision concerning the non-inclusion of diphenylamine in Annex I to Directive 91/414 – Application for suspension of operation of a measure – Lack of urgency
      1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima
            facie case – Urgency – Serious and irreparable damage – Cumulative nature – Balancing of all the interests involved – Order
            of examination and method of verification – Discretion of the judge dealing with the application for interim relief (Arts
            278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 20-21)
      2.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Financial loss – Irreparable alteration in market share – Included – Conditions – Assessment
            having regard to the size of the undertaking and the situation of the group to which it belongs (Arts 278 TFEU and 279 TFEU;
            Rules of Procedure of the General Court, Art. 104(2)) (see paras 39, 41-48)
      3.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and
            irreparable damage – Financial loss – Decision not to include a substance in Annex I of Directive 91/414 – Risk normally having
            to be borne by an undertaking operating in the phytopharmaceuticals market – Damage not serious in nature (Art. 278 TFEU;
            Rules of Procedure of the General Court, Art. 104(2)) (see paras 55-59)
      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) pending judgment in the main proceedings.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.