Order of the President of the Court of 15 December 2009 – Dow AgroSciences and Others v Commission
(Case C-391/08 P(R))
Appeal – Application for interim measures – Withdrawal of marketing authorisations for plant protection products containing trifluralin – Admissibility – Urgency
1.Application 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 40-46)
2.Appeals – Grounds (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see paras 48, 77, 81)
3.Application for interim measures – Conditions governing admissibility – Prima facie admissibility of the main action – Summary examination of the main action by the court hearing the application for interim measures – Action for annulment of a decision not to include a substance in Annex I to Directive 91/414 (Arts 230 EC, 242 EC and 243 EC; Council Directive 91/414; Commission Decision 2007/629) (see paras 54-62)
Re:
| Appeal against the order of the Court of First Instance (First Chamber) of 18 June 2008 in Case T-475/07 R | Dow AgroSciences and Others | v | Commission | dismissing an application for suspension of the operation of Commission Decision 2007/629/EC of 20 September 2007 concerning the non-inclusion of trifluralin in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2007 L 255, p. 42) – Admissibility – Need to prove circumstances establishing urgency. |
Operative part:
The Court:
1. |
| Dismisses the appeal; |
2. |
| Orders Dow AgroSciences Ltd, Dow AgroSciences LLC, Dow AgroSciences SAS, Dow AgroSciences Export SAS, Dow AgroSciences BV, Dow AgroSciences Hungary kft, Dow AgroSciences Italia Srl, Dow AgroSciences Polska sp.zoo, Dow AgroSciences Iberica SA, Dow AgroSciences s.r.o., Dow AgroSciences Danmark A/S, Dow AgroSciences GmbH, Dintec Agroquímica – Produtos Químicos Lda and Finchimica SpA to pay the costs. |