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Document 62007TO0350

    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.

    European Court Reports 2007 II-00170*

    ECLI identifier: ECLI:EU:T:2007:375





    Order of the President of the Court of First Instance of 11 December 2007 – FMC Chemical and Others v Commission

    (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.

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