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Document 62007TO0367

Order of the President of the Court of First Instance of 17 December 2007.
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-367/07 R.

European Court Reports 2007 II-00177*

ECLI identifier: ECLI:EU:T:2007:396





Order of the President of the Court of First Instance of 17 December 2007 – Dow AgroSciences and Others v Commission

(Case T-367/07 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 2007/437) (see paras 45-46, 48, 59-60, 64)

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 86-89, 91, 101)

Re:

APPLICATION for suspension of the operation of Commission Decision 2007/437/EC of 19 June 2007 concerning the non-inclusion of haloxyfop-R in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2007 L 163, p. 22) 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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