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Document 62007TO0238

    Order of the Court of First Instance (judge hearing the application for interim measures) of 18 October 2007.
    Ristic AG and Others v Commission of the European Communities.
    Interim measures - Application for stay of execution - Directive 96/23/EC - Lack of urgency - Balance of interests.
    Case T-238/07 R.

    European Court Reports 2007 II-00134*

    ECLI identifier: ECLI:EU:T:2007:313





    Order of the Court of First Instance of 18 October 2007 – Ristic and Others v Commission

    (Case T-238/07 R)

    Interim measures – Application for stay of execution – Directive 96/23/EC – Lack of urgency – Balance of interests

    1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Balancing of all the interests involved (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 42-43)

    2.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 48-50)

    3.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Balancing of all the interests involved – Meaning (Arts 242 EC and 243 EC) (see paras 72-74)

    Re:

    APPLICATION for stay of execution of Commission Decision 2007/362/EC of 16 May 2007 amending Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC (OJ 2007 L 138, p. 18).

    Operative part

    1.

    The application is dismissed.

    2.

    Costs are reserved.

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