61981CO0229_EN
Grounds
Operative part
Grounds
1 ARTICLE 92 ( 1 ) OF THE RULES OF PROCEDURE PROVIDES : ' ' WHERE IT IS CLEAR THAT THE COURT HAS NO JURISDICTION TO TAKE COGNIZANCE OF AN APPLICATION LODGED WITH IT IN PURSUANCE OF ARTICLE 38 ( 1 ), THE COURT MAY BY REASONED ORDER DECLARE THE APPLICATION INADMISSIBLE . ' '
2 THAT PROVISION MUST BE APPLIED IN THE PRESENT CASE . IT IS CLEAR FROM THE VERY TERMS OF THE ORDER MADE ON 20 JULY 1981 BY THE PRESIDENT OF THE TRIBUNALE, VARESE, THAT HE IS REQUESTING THE PRESIDENT OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES TO ' ' ENFORCE, BY HIS DECISION ' ', THE ORDER WHICH HE HAD MADE ON 12 MAY 1981 FOR THE PROCUREMENT OF A TECHNICAL EXPERT ' S REPORT . NEITHER THE TREATIES NOR THE MEASURES ADOPTED FOR THE PURPOSE OF IMPLEMENTING THEM CONTAIN ANY PROVISION EMPOWERING THE COURT OF JUSTICE OR ITS PRESIDENT TO ORDER THE ENFORCEMENT OF A DECISION OF A NATIONAL COURT .
3 CONSEQUENTLY, BOTH THE COURT AND ITS PRESIDENT PLAINLY HAVE NO JURISDICTION TO TAKE COGNIZANCE OF THE APPLICATION MADE BY THE PRESIDENT OF THE TRIBUNALE IN HIS ORDER OF 20 JUNE 1981, AND THE APPLICATION MUST THEREFORE, BY VIRTUE OF THE ABOVE-CITED PROVISIONS OF ARTICLE 92 OF THE RULES OF PROCEDURE, BE DECLARED INADMISSIBLE .
Operative part
ON THOSE GROUNDS,
THE COURT
HEREBY :
DECLARES THE APPLICATION TO BE INADMISSIBLE .