61984CO0050_EN
Parties
Subject of the case
Grounds
Operative part
Parties
IN CASE 50/84 R
SRL BENSIDER, WHOSE REGISTERED OFFICE IS AT 99, VIA PIONIERI DELL ' ARIA, 33080 ROVEREDO IN PIANO ( ITALY ),
SA SIPROTOLE, WHOSE REGISTERED OFFICE IS AT 38, RUE DES DEUX-EGLISES, 4108 NEUPRE ( BELGIUM ),
SA VILLEVOYE-INTEROL, WHOSE REGISTERED OFFICE IS AT 13, RUE DES PEUPLIERS, 4430 ALLEUR ( BELGIUM ),
SPRL HAIDON ET HUBIN, WHOSE REGISTERED OFFICE IS AT 71, GRAND ' ROUTE, TIHANGE-LEZ-HUY ( BELGIUM ),
JEAN MORSA, DEALER IN METALLURGICAL PRODUCTS, RESIDING AT 23, AVENUE DU CHERET, 4920 EMBOURG-CHAUDFONTAINE ( BELGIUM ),
SOCIETE COOPERATIVE DY METAL, WHOSE REGISTERED OFFICE IS AT 172, RUE GEORGES-MOREAU, 1070 BRUSSELS ( BELGIUM ),
SA CHARLEMETAL, WHOSE REGISTERED OFFICE IS AT 347/1, AVENUE DES CROIX DE GUERRE, 1120 BRUSSELS ( BELGIUM ),
REPRESENTED BY RENE SWENNEN, OF THE LIEGE BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF JEAN WAGENER, AVOCAT, 10 A, BOULEVARD DE LA FOIRE,
APPLICANTS,
V
COMMISSION OF THE EUROPEAN COMMUNITIES, 200, RUE DE LA LOI, 1049 BRUSSELS, REPRESENTED BY ITS LEGAL ADVISER, E . LASNET, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MANFRED BESCHEL, A MEMBER OF ITS LEGAL DEPARTMENT, BATIMENT JEAN MONNET, KIRCHBERG,
DEFENDANT,
Subject of the case
APPLICATION, PURSUANT TO ARTICLE 39 OF THE ECSC TREATY, FOR SUSPENSION OF THE OPERATION OF COMMISSION DECISION NO 3717/83/ECSC OF 23 DECEMBER 1983, INTRODUCING FOR STEEL UNDERTAKINGS AND STEEL DEALERS A PRODUCTION CERTIFICATE AND AN ACCOMPANYING DOCUMENT FOR DELIVERIES OF CERTAIN PRODUCTS,
Grounds
23 BY VIRTUE OF ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE OF THE COURT, FOR THE OPERATION OF A DECISION TO BE SUSPENDED AND FOR OTHER INTERIM MEASURES TO BE ORDERED THERE MUST BE CIRCUMSTANCES GIVING RISE TO URGENCY AND FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THOSE MEASURES .
24 AS REGARDS THE SIX APPLICANTS RESIDENT IN BELGIUM THE MAIN ACTION WAS CLEARLY BROUGHT AFTER THE PERIOD PRESCRIBED BY THE ECSC TREATY HAD EXPIRED . IN THOSE CIRCUMSTANCES, TO ORDER THE SUSPENSION OF THE OPERATION OF A COMMISSION DECISION WOULD PROVIDE A MEANS OF CIRCUMVENTING THE MANDATORY RULES LAID DOWN BY THE TREATY FOR INSTITUTING PROCEEDINGS FOR A DECLARATION OF NULLITY . THE APPLICATION MUST THEREFORE BE DISMISSED AS FAR AS THOSE APPLICANTS ARE CONCERNED .
25 AS REGARDS THE COMPANY BENSIDER, THE MAIN APPLICATION WAS MADE WITHIN THE PRESCRIBED PERIOD . IN THESE PROCEEDINGS RELATING TO THE APPLICATION FOR INTERIM MEASURES IT IS UNNECESSARY TO RULE, EVEN PROVISIONALLY, ON BENSIDER ' S CAPACITY TO INSTITUTE PROCEEDINGS AT THE TIME WHEN THE MAIN APPLICATION WAS LODGED AT THE COURT REGISTRY . IT IS SUFFICIENT TO NOTE THAT, EVEN IF THE VIEW MOST FAVOURABLE TO THE COMPANY BENSIDER IS ADOPTED, THAT COMPANY WAS CONSTITUTED ON 9 FEBRUARY 1984 AT THE EARLIEST . IT BASES ITS APPLICATION FOR SUSPENSION ON AN ALLEGED MISUSE OF POWERS AFFECTING IT BY THE COMMISSION IN A A DECISION ADOPTED BY THE LATTER ON 23 DECEMBER 1983 . SINCE AT THAT DATE THE COMPANY BENSIDER DID NOT EXIST THE COMMISSION COULD NOT HAVE BEEN GUILTY OF A MISUSE OF POWERS IN AFFECTING IT . ACCORDINGLY, SINCE THAT COMPANY HAS BEEN UNABLE TO ADDUCE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR A SUSPENSION OF THE OPERATION OF THE CONTESTED DECISION, THE APPLICATION MUST ALSO BE DISMISSED IN ITS CASE .
Operative part
ON THOSE GROUNDS,
THE PRESIDENT OF THE COURT,
BY WAY OF AN INTERIM DECISION,
HEREBY ORDERS AS FOLLOWS :
1 . THE APPLICATION IS DISMISSED ;
2 . THE COSTS ARE RESERVED .