61983CO0075_EN
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Parties
IN CASE 75/83
SPA FERRIERE SAN CARLO, HAVING ITS REGISTERED OFFICE AT 1 VIA NAZIONALE, CAINO, BRESCIA, ITALY, ACTING THROUGH ITS MANAGING DIRECTOR, FAUSTINO BUSSENI, SURVEYOR, REPRESENTED BY ITS LEGAL ADVISER, FABRIZIO MASSONI OF THE BRUSSELS BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ANDRE ELVINGER, 15 COTE D ' EICH,
APPLICANT,
V
COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY SERGIO FABRO, A MEMBER OF ITS LEGAL DEPARTMENT ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ORESTE MONTALTO, A MEMBER OF ITS LEGAL DEPARTMENT, JEAN MONNET BUILDING, KIRCHBERG,
DEFENDANT,
Subject of the case
APPLICATION FOR A DECLARATION THAT THE COMMISSION ' S DECISION OF 24 MARCH 1983 IMPOSING A FINE ON THE APPLICANT FOR EXCEEDING THE STEEL PRODUCTION QUOTAS ALLOCATED TO IT FOR THE THIRD AND FOURTH QUARTERS OF 1981 IS VOID .
Grounds
6 THE COMMISSION CONTENDED THAT THE WITHDRAWAL OF THE CONTESTED DECISION DEPRIVED THE ACTION OF ITS PURPOSE . THE APPLICANT COMPANY LIKEWISE TOOK THE VIEW THAT THE ARGUMENTS ADDUCED IN SUPPORT OF ITS ACTIONS HAD BECOME SUPERFLUOUS ; NEVERTHELESS, IT DID NOT EXPRESSLY DECLARE THAT ITS ACTION WAS ABANDONED .
7 HAVING BEEN RESCINDED, THE CONTESTED DECISION IS NOW INAPPLICABLE AND THE CONCLUSION MUST THEREFORE BE THAT THE ACTION RELATES TO A DECISION WHICH CAN NO LONGER HAVE ANY ADVERSE EFFECT ON THE APPLICANT COMPANY .
8 SINCE THE ACTION IS THEREFORE NOW DEVOID OF PURPOSE, IT IS UNNECESSARY TO RULE ON IT .
Decision on costs
COSTS
9 UNDER THE TERMS OF ARTICLE 69 ( 5 ) OF THE RULES OF PROCEDURE, WHERE A CASE DOES NOT PROCEED TO JUDGMENT THE COSTS SHALL BE IN THE DISCRETION OF THE COURT .
10 THE COURT TAKES THE VIEW THAT THE CIRCUMSTANCES OF THE DISPUTE AND THE COURSE OF THE PROCEDURE DISCLOSE ADEQUATE GROUNDS FOR ORDERING THE PARTIES TO BEAR THEIR OWN COSTS WITHOUT ITS BEING NECESSARY TO CONSIDER THE MERITS OF THE ARGUMENTS ADDUCED IN SUPPORT OF THE ACTION .
Operative part
ON THOSE GROUNDS,
THE COURT
HEREBY ORDERS AS FOLLOWS :
1 . IT IS NOT NECESSARY TO GIVE A DECISION ON THE APPLICATION BY FERRIERE SAN CARLO ;
2 . THE PARTIES SHALL BEAR THEIR OWN COSTS .