Order of the President of the Court of 11 October 1973. - Miles Druce & Co. Ltd. v Commission of the European Communities. - Joined cases 160 and 161-73 R.



European Court reports 1973 Page 01049



Parties

Grounds

Operative part



Parties

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IN CASES 160 AND 161/73 R

MILES DRUCE AND COMPANY LIMITED, HIGH WYCOMBE, BUCKINGHAMSHIRE, REPRESENTED BY B . H . TER KUILE, LAWYER, OF THE HAGUE, AND BY A . J . C . PAINES, SOLICITOR, OF LONDON; ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ME JACQUES LOESCH, 2 RUE GOETHE, APPLICANT,

AGAINST

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISERS, C . L . CLOSE AND E . ZIMMERMANN; ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF P . LAMOUREUX, ITS LEGAL ADVISER, 4 BOULEVARD ROYAL, DEFENDANT,

SUPPORTED BY

GUEST, KEEN AND NETTLEFOLDS LIMITED, SMETHWICK, WARLEY, WORCESTERSHIRE, REPRESENTED BY E . GUTT, LAWYER, OF BRUSSELS, AND BY MICHAEL M . WHEELER, QUEEN' S COUNSEL, OF LINCOLN' S INN, LONDON, ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ME ANDRE ELVINGER, 84 GRAND RUE, INTERVENER,

Grounds

ADMISSIBILITY

1 THE APPLICATIONS FOR INTERIM MEASURES HAVE BEEN DESCRIBED BY M . D . BY REFERENCE TO THE BRITISH PROCEDURE OF " EX PARTE PRELIMINARY PROCEEDINGS " WHICH ALLOWS CONSERVATORY MEASURES TO BE TAKEN MERELY ON DEMAND, WITHOUT HEARING ALL PARTIES CONCERNED .

2 IN VIEW OF THE CIRCUMSTANCES AND THE DOCUMENTS IN THE FILE, HOWEVER, THE APPLICATIONS MUST BE CONSIDERED AS APPLICATIONS FOR INTERIM MEASURES WITHIN THE MEANING OF ARTICLE 39 OF THE ECSC TREATY AND ARTICLE 33 OF THE STATUTE ON THE ECSC COURT OF JUSTICE .

3 THE APPLICATIONS THUS COMPLY WITH THE REQUIREMENTS OF ARTICLE 83 OF THE RULES OF PROCEDURE AND ARE ACCORDINGLY ADMISSIBLE .

4 ARTICLE 84 ( 1 ) HAS BEEN FOLLOWED IN THE NORMAL MANNER AND BOTH PARTIES HAVE BEEN HEARD IN THE WRITTEN AND ORAL PROCEDURE .

URGENCY

5 ACCORDING TO ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE THE JURISDICTION OF THE COURT TO ORDER INTERIM MEASURES IS SUBJECT TO THE ESTABLISHMENT OF " CIRCUMSTANCES GIVING RISE TO URGENCY ".

6 THE APPLICATIONS FOR INTERIM MEASURES MADE UNDER THE SUMMARY PROCEDURE DO NOT DIFFER IN SUBSTANCE FROM THE OBJECT OF THE WRITTEN APPLICATIONS IN THE MAIN ACTION SUBMITTED ON 17 AUGUST 1973 .

7 NO EVENT HAS OCCURRED SINCE THAT DATE WHICH COULD PRESENT M . D . WITH AN IMMINENT THREAT .

8 IT CANNOT BE DOUBTED THAT THE BRITISH REGULATIONS WHICH MAKE THE TRANSACTIONS FEARED BY M . D . SUBJECT TO AUTHORIZATION WILL BE APPLIED .

9 MOREOVER, G . K . N . HAS GIVEN AN UNDERTAKING THAT IT WILL NOT MAKE USE OF THE SHARES IT HOLDS IN M . D . TO SUMMON A GENERAL MEETING OF THAT COMPANY' S SHAREHOLDERS WITHIN THE NEXT SIX MONTHS .

10 NO NEW CIRCUMSTANCE HAS ARISEN TO RAISE DOUBTS CONCERNING THE MAINTENANCE OF THE STATUS QUO .

11 AFTER THE DECLARATION MADE BY THE COMMISSION IN COURT, IT CANNOT BE SUPPOSED THAT THE COMMISSION ITSELF WILL NOT ENSURE THE SAME .

12 IF DESPITE G . K . N .' S UNDERTAKING AND THE DECLARATION MADE BY THE COMMISSION THE STATUS QUO SHOULD APPEAR TO BE THREATENED FOR ANY REASON WHATSOEVER, IT WILL BE FOR THE COMMISSION, WITH DUE NOTICE, TO MAKE AN IMMEDIATE DECISION ON THE MATTER UNDER ARTICLE 66 OF THE TREATY, OR, AT THE VERY LEAST, ON THE INTERIM MEASURES PROVIDED FOR BY ARTICLE 66 ( 5 ), THIRD PARAGRAPH, WITHOUT PREJUDICE TO ANY POSSIBLE APPLICATION OF ARTICLES 83 AND 84 OF THE RULES OF PROCEDURE .

THERE IS ACCORDINGLY NO URGENCY .

THE APPLICATION FOR INTERIM MEASURES MADE BY M . D . MUST BE REFUSED, AND COSTS RESERVED .

Operative part

THE PRESIDENT

1 . DISMISSES THE APPLICATIONS FOR URGENT INTERIM MEASURES 160/73 R AND 161/73 R;

2 . RESERVES THE COSTS .