Order of the President of 23 January 2008 – Sumitomo Chemical Agro Europe v Commission
(Case C‑236/07 P(R))
Appeal – Application for interim measures – Application for suspension of operation of a measure – Directive 91/414/EEC – Directive 2006/132/EC – Procymidone as an active substance – 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 (Arts 242 EC and 243 EC) (see paras 23-26)
2.Appeals – Pleas in law – Review by the Court of Justice of the assessment of the facts put before the Court of First Instance – Possible only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see paras 37-38, 46)
Re:
| Appeal against the order of the President of the Court of First Instance of 26February 2007 in Case T-416/06 R | Sumitomo Chemical Agro Europe | v | Commission | rejecting, on the grounds of lack of urgency, an application for suspension of the operation of a measure brought in connection with an action for the partial annulment of Commission Directive 2006/132/EC of 11 December 2006 amending Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market, to include procymidone as active substance (OJ 2006 L 349, p.22). |
Operative part
The Court:
1. |
| Dismisses the appeal; |
2. |
| Orders Sumitomo Chemical Agro Europe SAS to pay the costs. |