Orders (Information) nº T-95/09 of Court of First Instance of the European Communities, April 28, 2009

• Resolution Date: April 28, 2009
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-95/09

Order of the President of the Court of First Instance of 28 April 2009 – United Phosphorus v Commission

(Case T-95/09 R)

Application for interim relief – Directive 91/414/EEC – Decision concerning the non-inclusion of napropamide in Annex I to Directive 91/414 – Application for suspension of operation and for interim measures – Prima facie case – Urgency – Balance of interests

1. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Cumulative nature – Order of examination and method of verification – Discretion of the judge dealing with the application for interim relief (Arts 225 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 17-19)

2. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Prima facie case – Prima facie examination of the pleas raised in support of the main action – Action against a Commission decision in the context of a procedure for entering a substance in Annex I of Directive 91/414 (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2); Council Directive 91/414; Commission Decision No 2008/902) (see paras 21, 30-31)

3. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 32-35, 67-71)

4. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss capable of subsequent financial compensation (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 73-82)

5. Application for interim measures – Suspension of operation of a measure – Conditions for granting –...