61965CO0002_EN
Parties
Subject of the case
Grounds
Endorsements
Operative part
Parties
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IN CASE 2/65 R
FERRIERA ERNESTO PREO E FIGLI, SOCIETA IN NOME COLLETTIVO, HAVING ITS REGISTERED OFFICE IN VENEZIA-MARGHERA, REPRESENTED AND ASSISTED BY RAOUL LEVIS OF THE VENICE BAR AND OF THE CORTE DI CASSAZIONE, ROME, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF CAMILLE WAGNER, 31 RUE DES ROSES,
APPLICANT,
V
HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY, REPRESENTED BY ITS LEGAL ADVISER, ITALO TELCHINI, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT ITS OFFICES, 2 PLACE DE METZ,
DEFENDANT,
Subject of the case
APPLICATION FOR THE SUSPENSION OF THE OPERATION OF TWO INDIVIDUAL DECISIONS OF THE HIGH AUTHORITY CONCERNING THE CONTRIBUTIONS DUE BY THE APPLICANT UNDERTAKING UNDER THE SCHEME FOR THE EQUALIZATION OF IMPORTED FERROUS SCRAP .
Grounds
WHEREAS THE APPLICANT UNDERTAKING, BY APPLICATION LODGED AT THE COURT REGISTRY ON 15 JANUARY 1965, SOUGHT THE ANNULMENT OF TWO DECISIONS OF THE HIGH AUTHORITY OF 13 NOVEMBER 1964, THE FIRST OF WHICH FIXES THE TONNAGE OF THE APPLICANT'S FERROUS SCRAP CHARGEABLE FOR THE PERIOD FROM 1 OCTOBER 1956 TO 30 NOVEMBER 1958 AND THE SECOND OF WHICH, ON THE BASIS OF THIS FIGURE, REQUIRES IT TO PAY THE SUM OF 55 700 153 LIRE BY WAY OF EQUALIZATION CONTRIBUTIONS;
WHEREAS BY A SEPARATE DOCUMENT, LODGED AT THE REGISTRY ON 25 JANUARY 1965, THE APPLICANT REQUESTED THE COURT, BEFORE GIVING A RULING ON THE SUBSTANCE OF THE CASE, TO ORDER THE SUSPENSION OF THE OPERATION OF THE TWO DECISIONS CONTESTED IN THE MAIN ACTION;
WHEREAS BY A DOCUMENT LODGED ON 29 JANUARY 1965, THE DEFENDANT CONTENDED THAT THE PRESENT APPLICATION SHOULD BE DISMISSED AS INADMISSIBLE OR, IN ANY EVENT, AS UNFOUNDED, AND THAT THE DECISION ON COSTS SHOULD BE RESERVED FOR THE FINAL JUDGMENT .
WHEREAS PURSUANT TO ARTICLE 83(2 ) OF THE RULES OF PROCEDURE AN APPLICATION FOR SUSPENSION SHALL STATE ' THE SUBJECT MATTER OF THE DISPUTE, THE CIRCUMSTANCES GIVING RISE TO URGENCY AND THE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE INTERIM MEASURES ' APPLIED FOR;
WHEREAS THE APPLICATION FOR SUSPENSION IN THIS CASE DOES NOT COMPLY WITH THESE REQUIREMENTS;
WHEREAS IT STATES NO CIRCUMSTANCE OF SUCH A NATURE AS TO PROVE A CASE OF URGENCY NOR DOES IT PUT FORWARD ANY GROUNDS CAPABLE OF ESTABLISHING A CASE FOR GRANTING THE SUSPENSION REQUESTED;
WHEREAS THE APPLICATION IS THEREFORE INADMISSIBLE;
Endorsements
ON THOSE GROUNDS,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY, ESPECIALLY ARTICLES 33, 36, 39 AND 92;
HAVING REGARD TO THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN COAL AND STEEL COMMUNITY;
HAVING REGARD TO THE RULES OF PROCEDURE OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES, ESPECIALLY ARTICLES 69, 83, 84, 85 AND 86,
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 .