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Order of the President of the Court of First Instance of 30 October 2008. # French Republic v Commission of the European Communities. # Application for interim measures - Health measures - Regulation (EC) No 999/2001 - Eradication of certain transmissible spongiform encephalopathies - Regulation (EC) No 746/2008 - Application for suspension of operation - Prima facie case - Urgency - Balancing of interests. # Case T-257/07 R II.
ECLI:EU:T:2008:467
62007TO0257(01)
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Order of the President of the of the Court of First Instance of 30 October 2008 – France v Commission
(Case T-257/07 R II)
Application for interim measures – Health measures – Regulation (EC) No 999/2001 – Eradication of certain transmissible spongiform encephalopathies – Regulation (EC) No 746/2008 – Application for suspension of operation – Prima facie case – Urgency – Balancing of interests
Application for interim measures – Suspension of operation of a measure – Conditions for granting – Prima facie case – Urgency – Balancing of all the interests involved – Suspension of operation of a regulation concerning the prevention, control and eradication of certain transmissible spongiform encephalopathies – Lawfulness (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2); Commission Regulation No 746/2008) (see paras 120, 124-126)
Re:
APPLICATION for suspension of the operation of Commission Regulation (EC) No 746/2008 of 17 June 2008 amending Annexe VII to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ 2008 L 202, p. 11), in so far as it introduces, into Chapter A of Annex VII point 2.3(b)(iii), point 2.3(d) and point 4.
Operative part
The Court:
1.Suspends the Annex to Commission Regulation (EC) No 746/2008 of 17 June 2008 amending Annexe VII to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies until judgment has been given in the main action in so far as it introduces, into Chapter A of Annex VII to Regulation (EC) No 999/2001 of 22 May 2001 point 2.3(b)(iii), point 2.3(d) and point 4;
2.Reserves the costs.