61963CO0060_EN
Parties
Subject of the case
Grounds
Endorsements
Operative part
Parties
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IN CASE 60/63 R
ACCIAIERIE FERRIERE PIETRA ODDINO, AN UNDERTAKING IN THE PERSONAL NAME OF PIETRA ODDINO, AT VIA DALMAZIA 5, BRESCIA, REPRESENTED AND ASSISTED BY ODOARDO VALSARIATI, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF CAMILLE WAGNER, 31 RUE DES ROSES,
APPLICANT,
V
HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY, REPRESENTED BY ITS LEGAL ADVISER, DR ITALO TELCHINI, ITS AGENT APPOINTED FOR THAT PURPOSE, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT ITS OFFICES, 2 PLACE DE METZ,
DEFENDANT,
Subject of the case
APPLICATION FOR THE SUSPENSION OF IMPLEMENTATION OF THE MEASURES DISPUTED IN THE MAIN APPLICATION .
Grounds
WHEREAS, THE PLEADINGS AND SUPPORTING DOCUMENTS BEING SUFFICIENTLY CLEAR, IT IS APPROPRIATE TO DECIDE UPON THE APPLICATION WITHOUT SUMMONING THE PARTIES TO APPEAR;
WHEREAS DECISION NO 7/63, WHICH IS THE SUBJECT OF THE REQUEST FOR SUSPENSION, IS OF A GENERAL NATURE AND IS NOT CAPABLE OF IMMEDIATE IMPLEMENTATION;
WHEREAS THE DEFENDANT DISPUTES THAT THE LETTERS OF 8 APRIL AND 10 MAY 1963 CONSTITUTE DECISIONS CAPABLE OF IMPLEMENTATION;
WHEREAS, WHATEVER THE NATURE OF THE LETTERS REFERRED TO, IT APPEARS CLEARLY FROM THE DEFENDANT'S REPLY THAT THE HIGH AUTHORITY HAS NO INTENTION OF PROCEEDING TO RECOVER THE DISPUTED AMOUNTS BY WAY OF AN ENFORCEABLE DECISION;
AND WHEREAS CONSEQUENTLY THE CONDITIONS OF URGENCY OF SUCH A NATURE AS TO JUSTIFY AN ORDER FOR SUSPENSION ARE ABSENT;
Endorsements
ON THOSE GROUNDS,
HAVING REGARD TO THE WRITTEN OBSERVATIONS OF THE PARTIES;
HAVING REGARD TO ARTICLES 33 AND 39 OF THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY AND ARTICLE 33 OF THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN COAL AND STEEL COMMUNITY;
HAVING REGARD TO ARTICLES 83, 84, 85 AND 86 OF THE RULES OF PROCEDURE;
Operative part
THE PRESIDENT OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES
HEREBY ORDERS :
1 . THE APPLICATION IS DISMISSED;
2 . THE COSTS ARE RESERVED .