61964CO0036_EN
Parties
Subject of the case
Grounds
Endorsements
Operative part
Parties
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IN CASE 36/64 R
SOCIETE RHENANE D' EXPLOITATION ET DE MANUTENTION ' SOREMA ', A LIMITED LIABILITY COMPANY HAVING ITS REGISTERED OFFICE IN STRASBOURG, 11 RUE FISCHART, REPRESENTED BY ITS MANAGERS AND BY R . GARON, ADVOCATE OF THE STRASBOURG BAR, 8 RUE DU MARCHE, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF CHARLES TURK, ADVOCATE AT THE COURT OF LUXEMBOURG, 6 RUE BRASSEUR,
APPLICANT,
V
HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY, LUXEMBOURG, REPRESENTED BY ITS AGENTS, MESSRS . MATTHIES AND OLIVIER, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT ITS OFFICES, 2 PLACE DE METZ,
DEFENDANT,
Subject of the case
APPLICATION TO SUSPEND THE OPERATION OF DECISION NO 15/64 OF 15 JULY 1964 OF THE HIGH AUTHORITY, CONTESTED IN THE MAIN APPLICATION .
Grounds
WHEREAS THE APPLICANT HAS ALLEGED THAT THE EXECUTION OF DECISION NO 15/64 OF 15 JULY 1964 WOULD INVOLVE IRREPARABLE DAMAGE FOR IT;
WHEREAS, NONETHELESS, THE CIRCUMSTANCES FOLLOWING UPON THE JUDGMENT IN CASE 67/63 OF 19 MARCH 1964 AND IN PARTICULAR THE ATTITUDE ADOPTED BY OKU DO NOT APPEAR TO JUSTIFY THIS ALLEGATION;
WHEREAS THE APPLICANT HAS NOT PUT FORWARD FACTS OR ARGUMENTS CAPABLE OF INVALIDATING THIS FINDING;
WHEREAS CONSEQUENTLY THE CONDITIONS NECESSARY FOR THE GRANT OF A SUSPENSION OF THE OPERATION OF THE DECISION HAVE NOT BEEN MET;
WHEREAS, THEREFORE, THE APPLICATION FOR SUSPENSION MUST BE DISMISSED;
Endorsements
ON THOSE GROUNDS,
HAVING REGARD TO ARTICLES 33 AND 39 OF THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY, AND TO ARTICLE 33 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN COAL AND STEEL COMMUNITY,
HAVING REGARD TO ARTICLES 83, 84 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 .