Order of the President of the Court of 24 March 2009 – Cheminova and Others v Commission
(Case C‑60/08 P(R))
Appeals – Application for interim measures – Withdrawal of authorisations for the placing of plant protection products containing malathion on the market – Admissibility – Urgency
1.Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof (see paras 36-38)
2.Appeals – Grounds (Art. 225 EC; Statute of the Court of Justice, (Art. 58)) (see para. 71)
Re:
| Appeal against the order of the President of the Court of First Instance of 4December 2007 in Case T-326/07 R | Cheminova and Others | v | Commission | rejecting an application to suspend the operation of Commission Decision2007/389/EC of 6 June 2007 concerning the non-inclusion of malathion in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2007 L 146, p. 19). |
Operative part:
1. |
| The appeal is dismissed. |
2. |
| Cheminova A/S, Cheminova Agro Italia Srl, Cheminova Bulgaria EOOD, Agrodan SA and Lodi SAS shall pay the costs. |
3. |
| European Crop Protection Association (ECPA) shall bear their own costs. |