61968CO0031_EN
Parties
Subject of the case
Grounds
Endorsements
Operative part
Parties
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IN CASE 31/68
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE ARRONDISSEMENTSRECHTBANK, ROTTERDAM, FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN
SA CHANEL, HAVING ITS REGISTERED OFFICE IN NEUILLY-SUR-SEINE ( FRANCE ),
AND
CEPEHA HANDELSMAATSCHAPPIJ NV, HAVING ITS REGISTERED OFFICE IN ROTTERDAM,
Subject of the case
ON THE INTERPRETATION OF ARTICLE 85 OF THE EEC TREATY AND THE RULES GOVERNING ITS APPLICATION,
Grounds
BY JUDGMENT OF 3 DECEMBER 1968 THE ARRONDISSEMENTSRECHTBANK, ROTTERDAM, MADE A REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY FOR A PRELIMINARY RULING ON THE INTERPRETATION OF ARTICLE 85 OF THE TREATY .
THE COURT WAS NOTIFIED BY COMMUNICATION OF 29 JANUARY 1969 FROM THE SAID COURT THAT AN APPEAL HAD BEEN LODGED AGAINST THAT JUDGMENT ON 23 JANUARY 1969 AND THAT " AS A RESULT EXECUTION OF THE JUDGMENT IS DEFERRED ".
IN THE CIRCUMSTANCES OF THE CASE AND IN VIEW OF THE ABOVE COMMUNICATION JUDGMENT MUST BE SUSPENDED .
Endorsements
ON THOSE GROUNDS,
HAVING REGARD TO THE STATE OF THE PROCEDURE;
UPON HEARING THE REPORT OF THE JUDGE-RAPPORTEUR;
UPON HEARING THE OPINION OF THE ADVOCATE-GENERAL;
HAVING REGARD TO THE RULES OF PROCEDURE OF THE COURT OF JUSTICE,
Operative part
THE COURT
HEREBY ORDERS :
JUDGMENT IN THE PRESENT CASE IS SUSPENDED PENDING NOTIFICATION TO THE COURT THAT THE APPEAL HAS BEEN DECIDED .