ddrg/super_eurlex huggingface dataset:
Order of the Court (First Chamber) of 28 May 1975. - Herbert Bruns v Commission of the European Communities. - Removal from the register. - Case 133-73.



European Court reports 1975 Page 00629



Parties

Grounds

Operative part



Parties

++++

IN CASE 133/73

HERBERT BRUNS, APPLICANT,

V

COMMISSION OF THE EUROPEAN COMMUNITIES, DEFENDANT,

Grounds

WHEREAS BY A STATEMENT LODGED AT THE REGISTRY ON 5 MAY 1975 THE APPLICANT DECLARED THAT HE WITHDREW HIS APPLICATION SINCE AN ARRANGEMENT HAD BEEN REACHED BETWEEN THE PARTIES ON THE PRINCIPLE, THE AMOUNTS AND THE COSTS;

WHEREAS BY A STATEMENT LODGED AT THE REGISTRY ON 16 MAY 1975 THE DEFENDANT STATED THAT IT AGREED TO THIS WITHDRAWAL;

Operative part

CASE 133/73 IS REMOVED FROM THE REGISTER OF THE COURT .
Keywords

Summary



Keywords

1 . PROCEDURE - COSTS - RECOVERABLE COSTS - CLAIM FOR REIMBURSEMENT - TIME-LIMIT

( RULES OF PROCEDURE , ART . 73 )

2 . PROCEDURE - COSTS - RECOVERABLE COSTS - EXPENSES NECESSARILY INCURRED BY THE PARTIES - TRAVEL AND SUBSISTENCE EXPENSES AND THE REMUNERATION OF AGENTS , ADVISERS OR LAWYERS OF THE COMMUNITY INSTITUTIONS - CONDITIONS FOR REIMBURSEMENT

( STATUTE OF THE COURT OF JUSTICE OF THE EEC , FIRST PARAGRAPH OF ART . 17 ; RULES OF PROCEDURE , ART . 73 ( B ))

Summary

1 . A PARTY CANNOT LOSE HIS RIGHT TO RECOVER THE COSTS REFERRED TO IN ARTICLE 73 OF THE RULES OF PROCEDURE WHERE HE HAS CLAIMED REIMBURSEMENT FROM THE OTHER PARTY WITHIN A REASONABLE PERIOD .

2 . WHEN , IN PROCEEDINGS BEFORE THE COURT , AN INSTITUTION AVAILS ITSELF OF THE OPTION ALLOWED IT BY THE FIRST PARAGRAPH OF ARTICLE 17 OF THE STATUTE OF THE COURT OF JUSTICE OF THE EEC TO BE ASSISTED BY A LAWYER OR TO APPOINT AS AGENT A PERSON WHO IS NOT A MEMBER OF ITS STAFF THE REMUNERATION OF THAT LAWYER OR AGENT COMES WITHIN THE CONCEPT OF ' ' EXPENSES NECESSARILY INCURRED . . . FOR THE PURPOSE OF THE PROCEEDINGS ' ' WITHIN THE MEANING OF ARTICLE 73 ( B ) OF THE RULES OF PROCEDURE AND MAY ACCORDINGLY BE RECOVERED BY VIRTUE OF THAT PROVISION .

WHEN , ON THE OTHER HAND , THE INSTITUTION THINKS THAT ITS INTERESTS WILL BE BETTER SERVED BY ITS BEING REPRESENTED BY ONE OF ITS OFFICIALS , ACTING AS AGENT , IT CANNOT CLAIM UNDER ARTICLE 73 ( B ) ' ' EXPENSES RELATING TO THE WORK OF THE AGENT IN CONNEXION WITH THE PROCEEDINGS ' ' , THAT IS TO SAY A PROPORTION OF THE REMUNERATION WHICH IT OWES THAT OFFICIAL UNDER THE STAFF REGULATIONS . IN FACT , SUCH REMUNERATION CONSTITUTES THE COUNTERPART OF THE PERFORMANCE OF THE WHOLE OF THE DUTIES ASSIGNED TO THE PERSON CONCERNED , INCLUDING , WHERE NECESSARY , THE DEFENCE , IN PROCEEDINGS BEFORE THE COURT , OF THE INSTITUTION ' S INTERESTS ; IT CANNOT THEREFORE BE REGARDED AS HAVING BEEN EXPENDED ' ' FOR THE PURPOSE OF THE PROCEEDINGS ' ' . THE POSITION IS DIFFERENT WITH REGARD TO THE COSTS RELATING TO THE AGENT ' S PARTICIPATION IN THE ORAL PROCEDURE , NAMELY HIS TRAVELLING EXPENSES AND THE DAILY SUBSISTENCE ALLOWANCE .
Order of the President of the Court of 6 April 1979. - Marinus Ooms and others v Commission of the European Communities. - Case 48-79 R.



European Court reports 1979 Page 01703



Parties

Subject of the case

Grounds

Decision on costs

Operative part



Parties

IN CASE 48/79 R

MARINUS OOMS , NICOLAS HAZES , PETER HANSEN , JOHANNES WILLEM HOFMAN , ALBERTO DOMENICO CARETTA , GEORGES RENE HERVO , ROGER BUYL , FRANS QUIK , BASTIAN STAL , OFFICIALS OF THE COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY VICTOR BIEL , OF THE LUXEMBOURG BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE LATTER ' S CHAMBERS , 18 A RUE DES GLACIS ,

APPLICANTS ,

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER JOSEPH GRIESMAR , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MARIO CERVINO , LEGAL ADVISER TO THE COMMISSION , JEAN MONNET BUILDING , KIRCHBERG ,

DEFENDANT ,

Subject of the case

APPLICATION TO SUSPEND THE APPLICATION OF COUNCIL REGULATION ( EURATOM , ECSC , EEC ) NO 3085/78 OF 21 DECEMBER 1978 AND OF COUNCIL REGULATION ( EURATOM , ECSC , EEC ) NO 3086/78 OF 21 DECEMBER 1978 ( OFFICIAL JOURNAL NO L 309 OF 29 DECEMBER 1978 ),

Grounds

1ACCORDING TO ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE OF THE COURT THE SUSPENSION OF THE OPERATION OF THE DISPUTED MEASURE IS SUBJECT TO THE EXISTENCE OF CIRCUMSTANCES GIVING RISE TO URGENCY AND OF GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE ADOPTION OF SUCH A MEASURE .

2THE DISPUTED REGULATIONS HAVE THE EFFECT OF MAKING LESS FAVOURABLE THAN PREVIOUSLY THE EXCHANGE RATE APPLICABLE TO CERTAIN TRANSFERS OF SUMS WHICH THE APPLICANTS MAY EFFECT UNDER THE STAFF REGULATIONS .

3IF THE CONTESTED MEASURES WERE ANNULLED THE ONLY RESULT WOULD BE THAT THE COMMISSION WOULD OWE SUPPLEMENTARY AMOUNTS TO WHICH THE APPLICANTS WOULD THEN BE ENTITLED .

4THERE IS NO NEED TO CONSIDER WHETHER THE GROUNDS PUT FORWARD AGAINST THE ADMISSIBILITY OF THE MAIN ACTION ARE OF SUCH A NATURE AS TO IMPUGN THE ADMISSIBILITY OF THE APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE AS IT IS SUFFICIENT TO RECORD THAT EVEN IF THERE WERE TO BE AN ANNULMENT THE MERE DELAY IN PAYMENT WOULD NOT BE OF SUCH A NATURE AS TO CAUSE THE APPLICANTS IRREPARABLE DAMAGE .

5THE APPLICATION MUST THEREFORE BE DISMISSED .

Decision on costs

COSTS

6IN THE CIRCUMSTANCES COSTS SHOULD BE RESERVED .

Operative part

ON THOSE GROUNDS ,

THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT ,

ACTING AS PRESIDENT OF THE COURT ,

BY WAY OF INTERLOCUTORY DECISION HEREBY ORDERS AS FOLLOWS :

1 . THE APPLICATION IS DISMISSED .

2 . COSTS ARE RESERVED .
Keywords

Summary



Keywords

OFFICIALS - APPLICATIONS TO THE COURT - ACT ADVERSELY AFFECTING AN OFFICIAL - CONCEPT - MEASURES RELATING TO THE DRAWING UP OF THE BUDGET OF AN INSTITUTION - EXCLUSION

( STAFF REGULATIONS , ARTS 90 ( 2 ) AND 91 ( 1 ))

Summary

THE PROPOSALS AND DECISIONS OF THE COMPETENT DEPARTMENTS OF AN INSTITUTION RELATING TO THE DRAWING UP OF ITS BUDGET ARE NOT CAPABLE OF AFFECTING THE POSITION OF OFFICIALS UNDER THE STAFF REGULATIONS AND CONSEQUENTLY CANNOT CONSTITUTE DECISIONS ADVERSELY AFFECTING OFFICIALS WITHIN THE MEANING OF ARTICLES 90 ( 2 ) AND 91 ( 1 ) OF THE STAFF REGULATIONS .
Order of the Court (Third Chamber) of 2 June 1981. - Giorgio Bernardi v European Parliament. - Case 78/81 and 78/81 R.



European Court reports 1981 Page 01467



Parties

Grounds

Operative part



Parties

IN CASES 78/81 AND 78/81 R

GIORGIO BERNARDI , APPLICANT ,

V

EUROPEAN PARLIAMENT , DEFENDANT .

Grounds

BY LETTER DATED 8 MAY 1981 , LODGED AT THE COURT REGISTRY ON 12 MAY 1981 , THE APPLICANT INFORMED THE COURT THAT HE WAS DISCONTINUING THESE ACTIONS .

BY LETTER DATED 25 MAY 1981 , LODGED AT THE COURT REGISTRY ON 25 MAY 1981 , THE DEFENDANT INFORMED THE COURT THAT IT AGREED THAT THE TWO APPLICATIONS BE WITHDRAWN .

UNDER ARTICLE 69 ( 4 ) OF THE RULES OF PROCEDURE A PARTY WHO DISCONTINUES OR WITHDRAWS FROM PROCEEDINGS IS TO BE ORDERED TO PAY THE COSTS UNLESS THE DISCONTINUANCE OR WITHDRAWAL IS JUSTIFIED BY THE CONDUCT OF THE OPPOSITE PARTY . HOWEVER , IF THE OPPOSITE PARTY HAS NOT ASKED FOR COSTS THE PARTIES ARE TO BEAR THEIR OWN COSTS . AS THE DEFENDANT HAS NOT ASKED FOR COSTS THE PARTIES MUST BEAR THEIR OWN COSTS .

Operative part

COMPOSED OF : LORD MACKENZIE STUART , PRESIDENT OF CHAMBER , A . TOUFFAIT AND U . EVERLING , JUDGES ,

ADVOCATE GENERAL : F . CAPOTORTI

REGISTRAR : A . VAN HOUTTE

HEREBY ORDERS AS FOLLOWS :

1 . CASES 78/81 AND 78/81 R ARE REMOVED FROM THE COURT REGISTER .

2 . THE PARTIES SHALL BEAR THEIR OWN COSTS .
Keywords

Summary



Keywords

INTERIM RELIEF - SUSPENSION OF OPERATION - INTERIM MEASURES - CONDITIONS UNDER WHICH GRANTED

( ECSC TREATY , ART . 39 ; RULES OF PROCEDURE , ART . 83 ( 2 ))

Summary

A SUSPENSION OF THE OPERATION OF A MEASURE AND ANY OTHER INTERIM MEASURES WHICH THE COURT OF JUSTICE MAY ORDER PURSUANT TO ARTICLE 39 OF THE ECSC TREATY MAY NOT BE CONTEMPLATED UNLESS THE FACTUAL AND LEGAL CIRCUMSTANCES RELIED UPON ESTABLISH A PRIMA FACIE CASE IN FAVOUR OF GRANTING THEM . FURTHERMORE , SUCH MEASURES MUST BE URGENT , IN THE SENSE THAT IT MUST BE NECESSARY FOR THEM TO BE ADOPTED AND TO HAVE EFFECT EVEN BEFORE THE COURT ' S DECISION ON THE MAIN APPLICATION , IN ORDER TO PREVENT THE PARTY WHICH REQUESTS THEM FROM SUFFERING SERIOUS AND IRREPARABLE DAMAGE : FINALLY , THEY MUST BE TEMPORARY IN THE SENSE THAT THEY MUST NOT PREJUDGE THE DECISION ON THE MAIN APPLICATION .
Keywords



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - CONDITIONS FOR GRANTING

( EEC TREATY , ART . 135 ; RULES OF PROCEDURE , ART . 83 ( 2 ))
Order of the President of the First Chamber of the Court of 7 February 1983. - Pierre Favre v Commission of the European Communities. - Interim measures - Temporary employee - Dismissal. - Case 346/82 R.



European Court reports 1983 Page 00199



Parties

Subject of the case

Grounds

Operative part



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURE - SUSPENSION OF OPERATION - CONDITIONS FOR THE GRANT

( RULES OF PROCEDURE , ART . 83 ( 2 ))

Parties

IN CASE 346/82 R

PIERRE FAVRE , A FORMER TEMPORARY EMPLOYEE OF THE COMMISSION OF THE EUROPEAN COMMUNITIES , RESIDING AT 3 RUE MAURICE BARRES , HETTANGE-GRANDE , FRANCE , ASSISTED AND REPRESENTED BY VICTOR BIEL OF THE LUXEMBOURG BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MR BIEL , 18A RUE DES GLACIS ,

APPLICANT ,

V

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY JOHN FORMAN , A MEMBER OF ITS LEGAL DEPARTMENT , ACTING AS AGENT , ASSISTED BY DANIEL JACOB OF THE BRUSSELS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ORESTE MONTALTO , A MEMBER OF THE COMMISSION ' S LEGAL DEPARTMENT , JEAN MONNET BUILDING , KIRCHBERG ,

DEFENDANT ,

Subject of the case

APPLICATION TO SUSPEND THE APPLICANT ' S DISMISSAL PENDING A DECISION ON THE SUBSTANCE OF THE CASE ,

Grounds

THE APPLICANT HAS NOT DEMONSTRATED HOW THE DECISION TO DISMISS HIM MIGHT CAUSE HIM IRREPARABLE HARM AND HAS NOT ADDUCED FACTS PROVIDING PRIMA FACIE EVIDENCE THAT HIS APPLICATION IS WELL FOUNDED .

SINCE THERE IS NO REASON TO SUPPOSE THAT THE MAIN APPLICATION STANDS A GOOD CHANCE OF SUCCESS , THE APPLICATION FOR SUSPENSION OF THE DECISION TO DISMISS THE APPLICANT UNTIL THE COURT HAS ARRIVED AT A DECISION ON THE SUBSTANCE OF THE CASE CANNOT BE GRANTED .

Operative part

ON THOSE GROUNDS ,

THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT ,

BY WAY OF INTERIM DECISION ,

HEREBY ORDERS AS FOLLOWS :

1 . THE APPLICATION TO SUSPEND THE DECISION TO DISMISS THE APPLICANT UNTIL JUDGMENT IS GIVEN ON THE SUBSTANCE OF THE CASE IS DISMISSED .

2 . COSTS ARE RESERVED .
Keywords

Summary



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - CONDITIONS FOR GRANTING

( EEC TREATY , ART . 186 ; RULES OF PROCEDURE , ART . 83 ( 2 ))

Summary

THE INTERIM MEASURES WHICH THE COURT MAY ORDER IN PURSUANCE OF ARTICLE 186 OF THE TREATY CANNOT BE CONSIDERED UNLESS THE FACTUAL AND LEGAL CIRCUMSTANCES RELIED UPON TO OBTAIN THEM ESTABLISH A PRIMA FACIE CASE FOR GRANTING THEM . IN ADDITION THEY MUST BE URGENT IN THE SENSE THAT IT IS NECESSARY FOR THE MEASURES TO BE ADOPTED AND TO TAKE EFFECT BEFORE THE DECISION OF THE COURT ON THE SUBSTANCE OF THE CASE IN ORDER TO AVOID SERIOUS AND IRREPARABLE DAMAGE TO THE PARTY SEEKING THEM . FINALLY , THEY MUST BE PROVISIONAL IN THE SENSE THAT THEY DO NOT PREJUDGE THE DECISION ON THE SUBSTANCE OF THE CASE .
Keywords



Keywords

ACTION FOR FAILURE TO ACT - NATURAL AND LEGAL PERSONS - OMISSIONS IN RESPECT OF WHICH AN ACTION MAY BE BROUGHT

( EEC TREATY , THIRD PARA . OF ART . 175 )

ANNULMENT OF MEASURES - MEASURES IN RESPECT OF WHICH AN ACTION MAY BE BROUGHT - MEASURES HAVING LEGAL EFFECTS

( EEC TREATY , SECOND PARA . OF ART . 173 )
Keywords



Keywords

APPLICATION FOR INTERIM MEASURES - SUSPENSION OF OPERATION - CONDITIONS FOR GRANTING SUCH A MEASURE

( EEC TREATY , ART . 185 )
Keywords

Summary



Keywords

PRELIMINARY RULINGS - JUDGMENT OF THE COURT - CONCLUSIVE AUTHORITY - CHALLENGED - REFERENCE TO THE COURT FOR REVIEW OF ITS VALIDITY - LACK OF JURISDICTION OF THE COURT

( EEC TREATY , ART . 177 ; PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE , ARTS 38 TO 41 )

Summary

A JUDGMENT IN WHICH THE COURT GIVES A PRELIMINARY RULING ON THE INTERPRETATION OR VALIDITY OF AN ACT OF A COMMUNITY INSTITUTION CONCLUSIVELY DETERMINES A QUESTION OR QUESTIONS OF COMMUNITY LAW AND IS BINDING ON THE NATIONAL COURT FOR THE PURPOSES OF THE DECISION TO BE GIVEN BY IT IN THE MAIN PROCEEDINGS .

ARTICLES 38 TO 41 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE , RELATING TO THE EXCEPTIONAL REVIEW PROCEDURES AVAILABLE FOR CHALLENGING THE COURT ' S JUDGMENTS , DO NOT APPLY TO JUDGMENTS GIVEN BY WAY OF A PRELIMINARY RULING .

NONE THE LESS , THE AUTHORITY OF A PRELIMINARY RULING DOES NOT PRECLUDE THE NATIONAL COURT TO WHICH IT IS ADDRESSED FROM PROPERLY TAKING THE VIEW THAT IT IS NECESSARY TO MAKE A FURTHER REFERENCE TO THE COURT OF JUSTICE BEFORE GIVING JUDGMENT IN THE MAIN PROCEEDINGS . HOWEVER , IT IS NOT PERMISSIBLE TO USE THE RIGHT TO REFER FURTHER QUESTIONS TO THE COURT AS A MEANS OF CONTESTING THE VALIDITY OF THE JUDGMENT DELIVERED PREVIOUSLY , AS THIS WOULD CALL IN QUESTION THE ALLOCATION OF JURISDICTION AS BETWEEN NATIONAL COURTS AND THE COURT OF JUSTICE UNDER ARTICLE 177 OF THE TREATY .

IT FOLLOWS THAT A PRELIMINARY RULING OF THE COURT DOES NOT RANK AMONG THE ACTS OF COMMUNITY INSTITUTIONS WHOSE VALIDITY THE COURT HAS JURISDICTION TO REVIEW IN PROCEEDINGS UNDER ARTICLE 177 .
Keywords

Summary



Keywords

++++

1 . PROCEDURE - INTERPRETATION OF A JUDGMENT - APPLICATION SUBMITTED BY AN INTERVENER - PERMISSIBILITY

( STATUTE OF THE COURT OF JUSTICE OF THE EEC, ARTS 37 AND 40 )

2 . PROCEDURE - INTERPRETATION OF A JUDGMENT - CONDITIONS FOR THE ADMISSIBILITY OF THE APPLICATION

( STATUTE OF THE COURT OF JUSTICE OF THE EEC, ART . 40 )

Summary

1 . ARTICLE 40 OF THE PROTOCOL ON THE STATUE OF THE COURT OF JUSTICE OF THE EEC MAKES IT POSSIBLE FOR PARTIES TO THE MAIN PROCEEDINGS TO APPLY FOR AN INTERPRETATION, BUT DRAWS NO DISTINCTION BETWEEN THE MAIN PARTIES AND INTERVENERS . IN VIEW OF THE PURPOSE OF ARTICLE 40, THE TERM "PARTY" IS TO BE BROADLY CONSTRUED SO AS TO INCLUDE INTERVENERS . UNDER ARTICLE 37 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE INTERVENERS ARE PERMITTED TO INTERVENE BECAUSE THEY CAN ESTABLISH AN "INTEREST IN THE RESULT OF (( A )) CASE" WHICH IS AUTONOMOUS AND INDEPENDENT WITH RESPECT TO THE PARTY WHOSE CONCLUSIONS THEY SUPPORT; CONSEQUENTLY, THEY MUST BE ALLOWED TO SUBMIT AN APPLICATION FOR INTERPRETATION EVEN IF THE PARTY WHOSE CONCLUSIONS THEY SUPPORT HAS NOT DONE SO .

2 . AN APPLICATION FOR INTERPRETATION MUST, IN ORDER TO BE ADMISSIBLE, SEEK TO RESOLVE OBSCURITY OR AMBIGUITY AFFECTING THE MEANING OR SCOPE OF THE JUDGMENT WHOSE INTERPRETATION IS SOUGHT . IT MUST ESSENTIALLY SEEK AN INTERPRETATION OF THE OPERATIVE PART TOGETHER WITH THE ESSENTIAL GROUNDS, AND IS NOT ADMISSIBLE WHERE IT RELATES TO POINTS NOT DECIDED BY THE JUDGMENT OR WHERE IT SEEKS TO OBTAIN FROM THE COURT AN OPINION ON THE APPLICATION, IMPLEMENTATION OR CONSEQUENCES OF THE JUDGMENT .
Order of the Court of 16 December 1987. - Italian Republic v Commission of the European Communities. - Removal from the register. - Case 289/85.



European Court reports 1987 Page 05321



Parties

Grounds

Operative part



Parties

++++

IN CASE 289/85

ITALIAN REPUBLIC, REPRESENTED BY LUIGI FERRARI BRAVO, HEAD OF THE DEPARTMENT FOR CONTENTIOUS DIPLOMATIC AFFAIRS, ACTING AS AGENT, ASSISTED BY OSCAR FIUMARA, AVVOCATO DELLO STATO, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY, 5 RUE MARIE-ADELAIDE,

APPLICANT,

V

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER, ALBERTO PROZZILLO, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF G . KREMLIS, A MEMBER OF ITS LEGAL DEPARTMENT, JEAN MONNET BUILDING, KIRCHBERG,

DEFENDANT,

APPLICATION FOR A DECLARATION THAT COMMISSION DECISION 85/403/EEC OF 19 JULY 1985 AMENDING DECISION 85/341/EEC CONCERNING CERTAIN PROTECTIVE MEASURES AGAINST AFRICAN SWINE FEVER IN BELGIUM IS VOID TO THE EXTENT THAT ARTICLE 1 ( 4 ) THEREOF AMENDS ARTICLE 3 OF COMMISSION DECISION 85/341 OF 21 JUNE 1985 BY PROVIDING, IN THE NEW VERSION OF ARTICLE 3 ( 2 ) ( B ) ( II ), THAT THE PROVISIONS OF ARTICLE 3 ( 1 ) PROHIBITING THE INTRODUCTION INTO THE TERRITORY OF A MEMBER STATE OF PIGMEAT PRODUCTS ARE NOT TO APPLY TO PRODUCTS PREPARED WITH MEAT AS SPECIFIED THEREIN AND SATISFYING THE CONDITIONS SPECIFIED THEREIN,

THE COURT

COMPOSED OF : LORD MACKENZIE STUART, PRESIDENT, G . BOSCO, O . DUE, J.C . MOITINHO DE ALMEIDA AND G.C . RODRIGUEZ IGLESIAS ( PRESIDENTS OF CHAMBERS ), T . KOOPMANS, U . EVERLING, K . BAHLMANN, Y . GALMOT, C . KAKOURIS, R . JOLIET, T.F . O' HIGGINS AND F . SCHOCKWEILER, JUDGES,

ADVOCATE GENERAL : C.O . LENZ

REGISTRAR : P . HEIM

AFTER HEARING THE VIEWS OF THE ADVOCATE GENERAL,

MAKES THE FOLLOWING

ORDER

Grounds

BY A MEMORANDUM LODGED AT THE COURT REGISTRY ON 9 NOVEMBER 1987, THE APPLICANT INFORMED THE COURT IN ACCORDANCE WITH ARTICLE 78 OF THE RULES OF PROCEDURE THAT IT WISHED TO DISCONTINUE THE PROCEEDINGS AND ASKED THE COURT TO ORDER THAT EACH PARTY SHOULD BEAR ITS OWN COSTS .

BY TELEX MESSAGE LODGED AT THE COURT REGISTRY ON 20 NOVEMBER 1987, THE COMMISSION TOOK NOTE OF THE DISCONTINUANCE AND, REFERRING TO ITS CONCLUSIONS REGARDING COSTS IN CASE 11/86, ASKED THE COURT TO ORDER THAT THE PARTIES SHOULD BEAR THEIR OWN COSTS .

Operative part

ON THOSE GROUNDS,

THE COURT

HEREBY ORDERS AS FOLLOWS :

( 1 ) CASE 289/85 IS REMOVED FROM THE REGISTER OF THE COURT;

( 2 ) THE PARTIES SHALL BEAR THEIR OWN COSTS .

LUXEMBOURG, 16 DECEMBER 1987 .
Keywords



Keywords

++++

OFFICIALS - ACTIONS - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - IDENTICAL SUBJECT-MATTER - SPECIFIC AND ASCERTAINABLE SUBJECT-MATTER - INTEREST IN BRINGING AN ACTION - ABSENCE - ACTION INADMISSIBLE

( STAFF REGULATIONS, ARTS 90 AND 91 )
Keywords

Summary



Keywords

1 . ACTION FOR A DECLARATION THAT A MEASURE IS VOID - NATURAL AND LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - REGULATIONS CONCERNING THE APPLICATION OF THE SUPPLEMENTARY TRADE MECHANISM TO TRADE IN CERTAIN AGRICULTURAL PRODUCTS BETWEEN SPAIN AND THE COMMUNITY OF TEN

( EEC TREATY , ARTS 173 ( 2 ) AND 189 ; COUNCIL REGULATION NO 569/86 ; COMMISSION REGULATION NO 574/86 )

2 . ACTION FOR A DECLARATION THAT A MEASURE IS VOID - NATURAL AND LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - TRADE ASSOCIATION DEFENDING THE GENERAL INTERESTS OF A CATEGORY OF UNDERTAKINGS - INADMISSIBILITY

( EEC TREATY , ART . 173 ( 2 ))

Summary

1 . REGULATIONS NOS 569/86 AND 574/86 , WHICH RESPECTIVELY LAY DOWN GENERAL RULES AND DETAILED RULES FOR THE APPLICATION OF THE SUPPLEMENTARY TRADE MECHANISM TO TRADE IN CERTAIN AGRICULTURAL PRODUCTS BETWEEN SPAIN AND THE EUROPEAN COMMUNITY AS CONSTITUTED PRIOR TO THE ACCESSION OF SPAIN AND PORTUGAL , IMPOSE OBLIGATIONS DURING THE WHOLE PERIOD IN WHICH THE MECHANISM IS IN FORCE ON ALL PERSONS CONCERNED , PRESENT OR FUTURE , WISHING TO EXPORT OR IMPORT PRODUCTS SUBJECT TO THAT MECHANISM . THEIR PROVISIONS ARE EXPRESSED IN ABSTRACT AND GENERAL TERMS TO INDETERMINATE CATEGORIES OF PERSONS AND THEY APPLY TO OBJECTIVELY DETERMINED SITUATIONS . IT FOLLOWS THAT THE REGULATIONS HAVE GENERAL APPLICATION WITHIN THE MEANING OF ARTICLE 189 OF THE EEC TREATY AND CANNOT BE REGARDED AS A DECISION OR A BODY OF DECISIONS WHICH , ALTHOUGH ADOPTED IN THE FORM OF A REGULATION , IS OF DIRECT AND INDIVIDUAL CONCERN TO AN ASSOCIATION WHOSE OBJECT IS TO DEFEND THE TRADE INTERESTS OF SPANISH FARMERS .

2 . IT IS NOT POSSIBLE TO ACCEPT THE PRINCIPLE THAT AN ASSOCIATION , IN ITS CAPACITY AS REPRESENTATIVE OF A CATEGORY OF ENTREPRENEURS , IS INDIVIDUALLY CONCERNED BY A MEASURE AFFECTING THE GENERAL INTERESTS OF THAT CATEGORY .
Keywords



Keywords

++++

Procedure - Costs - No need to give a decision

( Rules of Procedure, Art . 69 ( 5 ) )
Order of the Court (Sixth Chamber) of 6 February 1990. - Société Spie-Batignolles v Commission of the European Communities. - Removal from the register. - Case C-201/86.



European Court reports 1990 Page I-00197



Parties

Grounds

Operative part



Parties

++++

In Case C-201/86

Société Spie-Batignolles, having its registered office at Puteaux ( France ), represented by Jean-Louis Delvolvé and, in the written procedure, by Christophe Deveau, both of the Paris Bar, with an address for service in Luxembourg at the Chambers of Jacques Loesch, 8 rue Zithe,

applicant,

v

Commission of the European Communities, represented by Marie-José Jonczy, Legal Adviser, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of its Legal Department, Wagner Centre, Kirchberg,

defendant,

APLICATION to establish the non-contractual liability of the Commission under Article 178 and the second paragraph of Article 215 of the EEC Treaty by virtue of wrongful conduct of its departments responsible for the implementation of EDF projects Nos 4.100.043.43.14 and 4.100.041.94.26 relating to two contracts for works for the construction of two continuous roads from Kigali to Butare and from Butare to the frontier between Rwanda and Burundi, entered into between the Republic of Rwanda and the Spie-Batignolles company,

THE COURT ( Sixth Chamber )

composed of : C . N . Kakouris, President of Chamber, T . Koopmans, G . F . Mancini, T . F . O' Higgins and M . Diez de Velasco, Judges,

Advocate General : W . Van Gerven

Registrar : J.-G . Giraud

after hearing the views of the Advocate General,

makes the following

Order

Grounds

1 By a letter lodged at the Court Registry on 22 January 1990, the applicant informed the Court, pursuant to Article 78 of the Rules of Procedure, that it wished to discontinue its action .

2 By a letter lodged at the Court Registry on 31 January 1990, the Commission of the European Communities took note of the discontinuance of the action and asked that the applicant be ordered to pay the costs pursuant to Article 69(4 ) of the Rules of Procedure .

3 Under Article 69(4 ) of the Rules of Procedure, a party who discontinues or withdraws from proceedings is to be ordered to pay the costs . Since the applicant has discontinued the proceedings, it must be ordered to pay the costs .

Operative part

On those grounds,

THE COURT ( Sixth Chamber )

hereby :

( 1 ) Removes Case C-201/86 from the register of the Court;

( 2 ) Orders the applicant to pay the costs .

Luxembourg, 6 February 1990 .
Keywords



Keywords

++++

APPLICATION FOR INTERIM MEASURES - SUSPENSION OF THE OPERATION OF A MEASURE - CONDITIONS FOR GRANT OF SUCH RELIEF - PRIMA-FACIE CASE - SERIOUS AND IRREPARABLE HARM

( EEC TREATY, ART . 185; STAFF REGULATIONS OF OFFICIALS, ART . 83*(2 )*)
Keywords



Keywords

++++

OFFICIALS - APPLICATIONS TO THE COURT - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - NO PROOF THAT A COMPLAINT WAS LODGED - INADMISSIBILITY

( STAFF REGULATIONS, ARTS 90 AND 91 )
Keywords

Summary



Keywords

++++

APPLICATION FOR INTERIM MEASURES - SUSPENSION OF THE OPERATION OF A MEASURE - REQUEST FOR THE SUSPENSION OF THE OPERATION OF A MEASURE OTHER THAN THE MEASURE CHALLENGED IN THE MAIN PROCEEDINGS, AND EMANATING FROM ANOTHER INSTITUTION - INADMISSIBILITY

( EEC TREATY, ART . 185; RULES OF PROCEDURE, ART . 83*(1 )*)

Summary

IT DOES NOT LIE WITHIN THE JURISDICTION OF THE JUDGE HEARING AN APPLICATION FOR INTERIM MEASURES TO ALLOW A REQUEST FOR THE SUSPENSION OF THE OPERATION OF A COUNCIL REGULATION IMPOSING A DEFINITIVE ANTI-DUMPING DUTY WHEN THE ACTION IN THE MAIN PROCEEDINGS, ON TO WHICH THE REQUEST IS GRAFTED, SEEKS THE ANNULMENT OF THE COMMISSION' S REFUSAL OF A PROPOSED UNDERTAKING ON PRICING . THE TWO MEASURES IN QUESTION ARE DIFFERENT, AS ARE THE TWO INSTITUTIONS FROM WHICH THEY EMANATE .
Keywords



Keywords

++++

Procedure - Costs - No need for a decision of the Court

( Rules of Procedure, Art . 69(5 ) )