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Order of the President of the Court of First Instance of 11 December 2007. # FMC Chemical SPRL 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-350/07 R.
ECLI:EU:T:2007:375
62007TO0350
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(Case T-350/07 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 – Conditions of admissibility – Prima facie admissibility of the main action (Arts 230 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(1); Council Directive 91/414; Commission Decision 2007/416) (see paras 47-48, 50, 61-62, 67)
2. Applications for interim measures – Conditions of admissibility – Application – Formal requirements (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2) and (3)) (see paras 68-69)
3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 109-112, 114, 118)
Re:
APPLICATION for suspension of the operation of Commission Decision 2007/416/EC of 13 June 2007, concerning the non-inclusion of carbofuran in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2007 L 156, p. 30) pending the full resolution of the dispute in the main proceedings.
Operative part
The Court:
1.Dismisses the application for interim measures;
2.Reserves the costs.