61976CO0027_EN
Parties
Grounds
Operative part
Parties
IN CASE 27/76 R
UNITED BRANDS COMPANY, A COMPANY REGISTERED IN NEW JERSEY, UNITED STATES OF AMERICA,
AND
UNITED BRANDS CONTINENTAAL BV, A NETHERLANDS COMPANY HAVING ITS REGISTERED OFFICE AT 3 VAN VOLLENHOVENSTRAAT, 3002 ROTTERDAM, REPRESENTED AND ASSISTED BY IVO VAN BAEL AND JEAN-FRANCOIS BELLIS OF THE BRUSSELS BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MR ELVINGER AND MR HOSS, 84 GRAND RUE,
APPLICANTS,
V COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISERS, ANTONIO MARCHINI-CAMIA AND JOHN TEMPLE LANG, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MARIO CERVINO, BATIMENT CFL, PLACE DE LA GARE,
DEFENDANT,
Grounds
FINDING THAT, AS REGARDS THE INTERIM MEASURES, THE PARTIES ARE NO LONGER OPPOSED IN LAW, THE PRESIDENT CONSIDERS THAT THERE ARE GROUNDS FOR ORDERING THE SAID MEASURES, WHILST TAKING NOTE OF THE DECLARATIONS MADE BY THE PARTIES CONCERNING IN PARTICULAR THE AMENDMENT OF THE CLAUSE CONCERNING THE RE-SALE OF BANANAS WHILE STILL GREEN .
IT IS THEREFORE POSSIBLE TO REACH A DECISION WITHOUT OPENING THE ORAL PROCEDURE, WHICH HAS BECOME UNNECESSARY .
IT IS UNNECESSARY, AT THIS STAGE, TO MAKE ANY ORDER AS TO COSTS .
Operative part
ON THOSE GROUNDS,
THE PRESIDENT
AS AN INTERIM MEASURE HEREBY :
ORDERS
1 . THE SUSPENSION OF THE OPERATION OF ARTICLE 3 ( A ) AND THE FIRST INDENT OF ARTICLE 3 ( B ) OF THE DECISION OF THE COMMISSION OF 17 DECEMBER 1975 ( IV/26 699 ) IS GRANTED UNTIL JUDGMENT IS GIVEN ON THE SUBSTANCE OF CASE 27/76, IN SO FAR AS THE APPLICANTS HAVE NOT ALREADY OF THEIR OWN ACCORD BROUGHT TO AN END THE INFRINGEMENTS REFERRED TO BY THE COMMISSION IN ARTICLE 1 OF THE SAID DECISION ;
2 . THE COSTS ARE RESERVED .