Order of the President of the Court of First Instance of 26 February 2007 – Sumitomo Chemical Agro Europe v Commission
(Case T-416/06 R)
Application for interim measures – Application for suspension of operation – Directive 91/414/EEC – No urgency
1.Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Prima facie case – Cumulative nature – Weighing-up of all the interests at stake (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 16-17)
2.Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Meaning – Burden of proof (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 38-39)
3.Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 48-49, 60, 69-70)
Re:
| APPLICATION for suspension of certain provisions of Commission Directive 2006/132/EC of 11 December 2006 amending Council Directive 91/414/EEC to include procymidone as an active substance (OJ 2006 L349, p.22), and for certain other interim measures. |
Operative part
The Court:
1. |
| Dismisses the application for interim measures; |
2. |
| Reserves the costs. |