Order of the President of the Court of 3 April 2007 – Vischim v Commission
(Case C-459/06 P(R))
Appeal – Interim measures – Application for suspension of operation – Directive 91/414/EEC – Fresh application for interim measures – New facts – Urgency – None
1. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – ‘Prima facie case’ – Urgency – Serious and irreparable damage – Cumulative nature – Balancing of the interests involved (Arts 242 EC and 243 EC; Rules of Procedure of the Court, Art. 83(2); Rules of Procedure of the Court of First Instance, Art. 109) (see para. 23)
2. Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of the assessment of the evidence – 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 31-32)
|Appeal against the order of the President of the Court of First Instance of 13 October 2006 in Case T-420/05 R II||Vischim||v||Commission||dismissing a second application for suspension of enforcement in connection with an application for partial annulment of Commission Directive 2005/53/EC of 16 September 2005 amending Council Directive 91/414/EEC to include chlorothalonil, chlorotoluron, cypermethrin, daminozide and thiophanate-methyl as active substances (OJ 2005 L 241, p. 51) – New facts not capable of calling into question the assessments on which the dismissal of the first application was founded.|
The appeal is dismissed.
Vischim Srl is ordered to pay the costs.