61960CO0019_EN
Parties
Grounds
Endorsements
Operative part
Parties
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IN JOINED CASES
19/60 - SOCIETE FIVES LILLE CAIL, PARIS,
21/60 - SOCIETE UNION SIDERURGIQUE DU NORD DE LA FRANCE ( USINOR ), PARIS,
2/61 - SOCIETE DES FORGES ET ATELIERS DU CREUSOT, PARIS,
3/61 - SOCIETE MARREL FRERES, RIVE-DE-GIER,
REPRESENTED BY JEAN-PIERRE ARON, ADVOCATE AT THE COUR D'APPEL, PARIS,
V
HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY,
REPRESENTED BY ITS LEGAL ADVISER, ITALO TELCHINI, ACTING AS AGENT, AND PROFESSOR ANDRE DE LAUBADERE, OF THE UNIVERSITY OF PARIS, ACTING AS CO-AGENT,
Grounds
P . 315
ARTICLE 66 OF THE RULES OF PROCEDURE PROVIDES AS FOLLOWS :
'1 . WITHOUT PREJUDICE TO THE PROVISIONS RELATING TO THE INTERPRETATION OF JUDGMENTS THE COURT MAY, OF ITS OWN MOTION OR ON APPLICATION BY A PARTY MADE WITHIN TWO WEEKS AFTER THE DELIVERY OF A JUDGMENT, RECTIFY CLERICAL MISTAKES, ERRORS IN CALCULATION AND OBVIOUS SLIPS IN IT .'
THIS PROVISION REFERS, AS A POSSIBLE GROUND FOR RECTIFICATION, TO PURELY MATERIAL ERRORS IN A JUDGMENT IN CASES WHERE NO DIFFICULTY ARISES CONCERNING THE MEANING OR SCOPE OF THE DECISION . RECTIFICATION WITHIN THE MEANING OF ARTICLE 66 OF THE RULES OF PROCEDURE CANNOT PURPORT TO AMEND OR REVISE A PREVIOUS DECISION .
HOWEVER, THE APPLICATION SUBMITTED BY THE APPLICANTS DOES NOT SEEK RECTIFICATION OF AN ALLEGED OBVIOUS SLIP BUT THE AMENDMENT OF A FINDING IN LAW CONTAINED IN THE JUDGMENT .
IT IS THEREFORE INADMISSIBLE .
Endorsements
HAVING REGARD TO THE FOREGOING CONSIDERATIONS;
UPON READING THE PLEADINGS;
UPON HEARING THE VIEWS OF THE JUDGE - RAPPORTEUR;
UPON HEARING THE VIEWS OF THE ADVOCATE - GENERAL;
HAVING REGARD TO ARTICLES 66 AND 69 OF THE RULES OF PROCEDURE OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES;
Operative part
THE COURT
HEREBY;
1 . DISMISSES THE APPLICATION FOR RECTIFICATION OF THE JUDGMENT DELIVERED ON 15 DECEMBER 1961;
2 . ORDERS THE APPLICANTS TO BEAR THE COSTS .