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Document 62007TO0475

    Order of the President of the Court of First Instance of 18 June 2008.
    Dow AgroSciences Ltd 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-475/07 R.

    European Court Reports 2008 II-00092*

    ECLI identifier: ECLI:EU:T:2008:214





    Order of the President of the Court of First Instance of 18 June 2008 – Dow AgroSciences and Others v Commission

    (Case T-475/07 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 2007/629) (see paras 27-28, 32, 47-48, 67)

    2.                     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 69-72, 77, 103)

    3.                     Applications for interim measures – Interim measures – Conditions for granting – Urgency – Account to be taken of a lack of diligence on the part of the applicant (Art. 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 111)

    Re:

    APPLICATION for suspension of the operation of Commission Decision 2007/629/EC of 20 September 2007 concerning the non-inclusion of trifluralin 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. 42), until delivery of the judgment in the main proceedings.

    Operative part

    The Court:

    1.

    Dismisses the application for interim measures;

    2.

    Reserves the costs.

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