ddrg/super_eurlex huggingface dataset:
Order of the Court (Second Chamber) of 21 October 1970. - Ernst Hake & Co. v Commission of the European Communities. - Case 75-69.



European Court reports 1970 Page 00901



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IN CASE 75/69

ERNST HAKE AND COMPANY, DUESSELDORF, REPRESENTED BY JOCHEN HAKE, ITS PARTNER HAVING THE SOLE RIGHT TO REPRESENT THE COMPANY, ASSISTED BY PETER SCHAMBACH, CONSTANCE, ADVOCATE OF THE CONSTANCE BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF FELICIEN JANSEN, HUISSIER, 21 RUE ALDRINGER, APPLICANT,

V

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER, ERICH ZIMMERMANN, DOCTOR OF LAW, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ITS LEGAL ADVISER, EMILE REUTER, 4 BOULEVARD ROYAL, DEFENDANT,

Grounds

1 UNDER THE TERMS OF ARTICLE 73 OF THE RULES OF PROCEDURE " THE FOLLOWING SHALL BE REGARDED AS RECOVERABLE COSTS ... EXPENSES NECESSARILY INCURRED BY THE PARTIES FOR THE PURPOSE OF THE PROCEEDINGS ".

THE WORD " PROCEEDINGS " USED IN THAT ARTICLE ONLY REFERS TO PROCEEDINGS BEFORE THE COURT AND DOES NOT INCLUDE ANY PRIOR STAGE .

THIS FOLLOWS IN PARTICULAR FROM THE REFERENCE MADE BY THAT ARTICLE TO ARTICLE 72 OF THE SAME RULES, WHICH REFERS TO " PROCEEDINGS BEFORE THE COURT ".

THE APPLICANT' S REQUEST MUST THEREFORE BE DISMISSED TO THE EXTENT TO WHICH IT SEEKS THE AWARD, BY WAY OF RECOVERABLE COSTS, OF THE EXPENSES AND FEES RELATING TO THE STAGE PRIOR TO THE APPLICATION TO THE COURT .

2 AS REGARDS THE REMUNERATION FOR THE ACTIVITIES OF LAWYERS BEFORE THE COURT OF JUSTICE, COMMUNITY LAW CONTAINS NO PROVISIONS AS TO SCALE FEES ON WHICH TO BASE A CALCULATION OF THE AMOUNT UP TO WHICH SUCH REMUNERATION MUST ALWAYS BE REGARDED AS RECOVERABLE COSTS WITHIN THE MEANING OF ARTICLE 73 OF THE RULES OF PROCEDURE .

THEREFORE, IN ORDER TO SETTLE THIS QUESTION IN EACH INSTANCE, THE COURT MUST BE FREE TO CONSIDER THE FACTS OF THE CASE, TAKING PARTICULARLY INTO ACCOUNT THE IMPORTANCE OF THE ACTION FROM THE POINT OF VIEW OF COMMUNITY LAW AND THE VOLUME OF WORK INVOLVED FOR THE LAWYER IN THE PROCEEDINGS BEFORE THE COURT .

SUCH AN ASSESSMENT IN THIS INSTANCE RESULTS IN A REDUCTION OF THE SUM SOUGHT BY WAY OF FEES AND THE FIXING OF THE RECOVERABLE COSTS AT THE AMOUNT WHICH WILL BE SET OUT BELOW .

3 AS REGARDS THE EXPENSES OTHER THAN FEES INCURRED BY THE APPLICANT IN THE PROCEEDINGS BEFORE THE COURT, THE DEFENDANT HAS NOT DISPUTED THE AMOUNT CLAIMED BY THE APPLICANT .

HOWEVER, THIS AMOUNT INCLUDES VALUE ADDED TAX PAYABLE IN GERMANY, WHICH HAS BEEN CALCULATED ON THE BASIS OF THE FEES CLAIMED BUT SUBJECT TO A REDUCTION AS SET OUT ABOVE .

4 HAVING REGARD TO ALL THESE CIRCUMSTANCES THE SUM OF ALL THE RECOVERABLE COSTS, INCLUDING FEES, EXPENSES AND TAXES, MUST BE FIXED AT DM ... .

5 IN ACCORDANCE WITH HIS APPLICATION MADE UNDER ARTICLE 74 ( 2 ) OF THE RULES OF PROCEDURE THE APPLICANT SHALL RECEIVE AN AUTHENTICATED COPY OF THIS ORDER .

Operative part

THE COURT ( SECOND CHAMBER )

HEREBY ORDERS :

1 . THE COSTS TO BE PAID BY THE DEFENDANT TO THE APPLICANT ARE FIXED AT THE SUM OF DM ... .

2 . THE APPLICANT SHALL RECEIVE AN AUTHENTICATED COPY OF THIS ORDER .
Order of the Court of 12 May 1975. - Société Cam SA v Council and Commission of the European Communities. - Case 100-74.



European Court reports 1975 Page 01417



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IN CASE 100/74

C.A.M ., SA, A LIMITED LIABILITY COMPANY OF PARIS ACTING THROUGH ITS PRESIDENT DIRECTOR-GENERAL, REPRESENTED BY EDOUARD BRISAC, ADVOCATE AT THE COUR DE PARIS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MR MARGUE, 20 RUE PHILIPPE-II, APPLICANT,

V

EUROPEAN ECONOMIC COMMUNITY, APPERING THROUGH

( 1 ) THE COUNCIL OF THE EUROPEAN COMMUNITIES;

( 2 ) THE COMMISSION OF THE EUROPEAN COMMUNITIES,

REPRESENTED, IN RESPECT OF THE COUNCIL, BY DANIEL VIGNES, DIRECTOR OF THE LEGAL DEPARTMENT OF THE COUNCIL, ASSISTED BY FELIX VAN CRAEYENEST, PRINCIPAL ADMINISTRATOR IN THE SAID DEPARTMENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF J . N . VAN DEN HOUTEN, DIRECTOR OF THE LEGAL DEPARTMENT OF THE EUROPEAN INVESTMENT BANK, 2 PLACE DE METZ,

AND REPRESENTED, IN RESPECT OF THE COMMISSION, BY ITS LEGAL ADVISER J . H . J . BOURGEOIS, ACTING AS AGENT, ASSISTED BY R . WAINWRIGHT, LEGAL ADVISER TO THE COMMISSION, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF P . LAMOUREUX, LEGAL ADVISER TO THE COMMISSION, 4 BOULEVARD ROYAL, DEFENDANT,

Grounds

THE APPLICATION LODGED ON 19 DECEMBER 1974 BY THE APPLICANT IS FOR THE ANNULMENT OF THE MEASURE ENTITLED 'REGULATION ( EEC ) NO 2546/74 OF THE COMMISSION OF 4 OCTOBER 1974 '.

BY A STATEMENT LODGED ON 11 FEBRUARY 1975 UNDER ARTICLE 91 OF THE RULES OF PROCEDURE, THE COUNCIL OF THE EUROPEAN COMMUNITIES CONTENDED THAT THE COURT SHOULD DECLARE THE APPLICATION TO BE INADMISSIBLE TO THE EXTENT TO WHICH IT IS DIRECTED AGAINST THE COUNCIL AND ORDER THE APPLICANT TO PAY THE COSTS;

THE APPLICANT HAS NOT LODGED SUBMISSIONS AND CONCLUSIONS IN REPLY;

AN APPLICATION FOR ANNULMENT OF A MEASURE ADOPTED BY AN INSTITUTION CANNOT BE MADE AGAINST AN INSTITUTION OTHER THAN THAT BY WHICH THE MEASURE IS ISSUED;

SINCE THE APPLICATION IS DIRECTED TOWARDS THE ANNULMENT OF A MEASURE ADOPTED BY THE COMMISSION IT IS CONSEQUENTLY INADMISSIBLE TO THE EXTENT TO WHICH IT IS DIRECTED AGAINST THE COUNCIL .

Operative part

THE COURT

HEREBY :

1 . DISMISSES THE APPLICATION AS INADMISSIBLE TO THE EXTENT TO WHICH IT IS DIRECTED AGAINST THE COUNCIL;

2 . ORDERS THE APPLICANT TO BEAR THE COSTS .
Order of the President of the Second Chamber of the Court of 2 July 1975. - Raphael de Dapper and others v European Parliament. - Case 54-75 R.



European Court reports 1975 Page 00839



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IN CASE 54/75 R

RAPHAEL DE DAPPER, CORNELIS VOLGER, LEON BODSON, OFFICIALS OF THE EUROPEAN PARLIAMENT, REPRESENTED BY VICTOR BIEL, ADVOCATE AT THE LUXEMBOURG BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF THE SAID VICTOR BIEL, 18 A, RUE DES GLACIS APPLICANTS,

V

EUROPEAN PARLIAMENT, REPRESENTED BY ALEX BONN, ADVOCATE AT THE LUXEMBOURG BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF THE SAID ALEX BONN, 22 COTE D'EICH, DEFENDANT,

Grounds

1 THE GROUND ADDUCED BY THE APPLICANTS TO SHOW THAT THEIR REQUESTS ARE URGENT IS THE 'CONCERN TO REMOVE AS QUICKLY AS POSSIBLE THE INNUMERABLE DIFFICULTIES FOR ALL THE PARTIES INVOLVED WHICH WOULD INEVITABLY ARISE IN IMPLEMENTING ALL THE PROCEEDINGS IN WHICH THE STAFF COMMITTEE IS CALLED UPON TO ACT UNDER THE STAFF REGULATIONS '.

2 THE PARLIAMENT MAINTAINS THAT SUSPENDING ALL THE DUTIES OF THE STAFF COMMITTEE WHILST AWAITING A DECISION ON THE SUBSTANCE OF THE CASE WOULD INTERFERE SERIOUSLY WITH THE EFFICIENCY OF THE INSTITUTION .

3 IF THE APPLICANTS SUCCEED IN PROVING THE SUBSTANCE OF THEIR CASE THE NULLITY OF THE ELECTIONS OF 18 MARCH 1975 WILL NOT NECESSARILY INVOLVE THE NULLITY OF THE PROCEEDINGS IN WHICH THE STAFF COMMITTEE IS CALLED UPON TO ACT UNDER THE STAFF REGULATIONS .

4 ON THE OTHER HAND, IF THE APPLICANTS DO NOT SUCCEED IN PROVING THE SUBSTANCE OF THEIR CASE THE INTERFERENCE WITH THE EFFICIENCY OF THE INSTITUTION CAUSED BY THE LACK OF A STAFF COMMITTEE IN THE MEANTIME COULD NEVER BE REDRESSED .

5 TO SUSPEND THE STAFF COMMITTEE FROM ITS DUTIES WHILST AWAITING A DECISION ON THE SUBSTANCE OF THE CASE WOULD DEPRIVE OFFICIALS, IN THE INTERVAL, OF ALL REPRESENTATION IN THE INSTITUTION .

6 THE REQUEST TO SUSPEND THE STAFF COMMITTEE OF THE EUROPEAN PARLIAMENT MUST BE DISMISSED .

7 AS REGARDS THE VOTING PAPERS, HOWEVER, AN ORDER MUST BE MADE TO DEPOSIT THEM AT THE COURT REGISTRY .

Decision on costs

8 IT IS APPROPRIATE, AT THIS STAGE, TO RESERVE COSTS .

Operative part

THE PRESIDENT OF THE SECOND CHAMBER,

AS AN INTERIM RULING :

1 . DISMISSES THE APPLICATION FOR THE SUSPENSION OF THE STAFF COMMITTEE OF THE EUROPEAN PARLIAMENT;

2 . ORDERS THE VOTING PAPERS IN THE ELECTION OF THE STAFF COMMITTEE OF THE EUROPEAN PARLIAMENT OF 18 MARCH 1975 TO BE DEPOSITED AT THE COURT REGISTRY;

3 . RESERVES COSTS .
Order of the President of the Second Chamber of the Court of 10 March 1978. - Xavier Authié v Commission of the European Communities. - Case 19/78 R.



European Court reports 1978 Page 00679



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Parties

IN CASE 19/78 R ,

XAVIER AUTHIE , REPRESENTED BY MARCEL SLUSNY , OF THE BRUSSELS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF FRANCOISE FABER , 51 AVENUE DE LA LIBERTE ,

APPLICANT ,

V

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

DEFENDANT ,

Grounds

1UNDER ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE OF THE COURT , SUSPENSION OF OPERATION IS CONDITIONAL UPON THE EXISTENCE OF CIRCUMSTANCES GIVING RISE TO URGENCY AND GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR SUCH A MEASURE .

2THE APPLICANT HAS PLEADED THAT THE REFUSAL TO ADMIT HIM TO THE COMPETITION IS PRIMA FACIE UNJUSTIFIED .

3IN SUPPORT OF THAT PLEA HE HAS REPEATED THE SAME GROUNDS AS THOSE INVOKED IN THE MAIN ACTION .

4AT THIS STAGE IN THE PROCEEDINGS THE COURT ' S FINAL DECISION ON THOSE ISSUES CANNOT BE PREJUDGED .

5IN ORDER TO JUSTIFY THE URGENCY OF HIS APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE , THE APPLICANT HAS STATED THAT IF HE SUCCEEDED ON THE SUBSTANCE OF THE CASE , ALL THE PROCEEDINGS IN THE COMPETITION WOULD HAVE TO BE BEGUN AFRESH , AND THAT THEREFORE IT WAS PREFERABLE TO SUSPEND THOSE PROCEEDINGS AND NOT GO ON WITH THE ORAL TESTS BEFORE THE COURT HAS GIVEN JUDGMENT ON THE SUBSTANCE OF THE CASE .

6ALTHOUGH THE APPLICANT HAS EMPHASIZED HIS INTEREST IN BEING ADMITTED TO THE COMPETITION , HE HAS NOT HOWEVER SHOWN IN WHAT RESPECT THE CONTINUANCE OF PROCEEDINGS IN THE COMPETITION WOULD CAUSE HIM IRREPARABLE DAMAGE .

7ON THE MOST FAVOURABLE VIEW FOR THE APPLICANT OF THE DECISION TO BE TAKEN ON THE SUBSTANCE OF THE CASE AND EVEN ASSUMING THAT HIS APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE IS GRANTED , SUSPENSION OF THE PROCEEDINGS AT THE STAGE WHICH HAS NOW BEEN REACHED WOULD NOT DISPENSE WITH THE NEED TO REPEAT THE WRITTEN TESTS , WHICH HAVE ALREADY TAKEN PLACE .

8FURTHERMORE , SUSPENSION OF THE ORAL TESTS WOULD CAUSE CONSIDERABLE INCONVENIENCE AND SERIOUS HARM BOTH TO THE COMMISSION AND TO THE MANY CANDIDATES WHO HAVE TAKEN THE WRITTEN TESTS .

9IN THE LIGHT OF THESE CIRCUMSTANCES IT MUST BE CONCLUDED THAT THE CONDITIONS FOR THE GRANT OF THE INTERLOCUTORY MEASURE SOUGHT HAVE NOT BEEN FULFILLED AND THAT THE APPLICATION MUST ACCORDINGLY BE DISMISSED .

Decision on costs

COSTS

10IN THE CIRCUMSTANCES COSTS SHOULD BE RESERVED .

Operative part

ON THOSE GROUNDS ,

THE PRESIDENT OF THE SECOND CHAMBER

BY WAY OF INTERLOCUTORY DECISION ,

HEREBY ORDERS AS FOLLOWS :

1 . THE APPLICATION IS DISMISSED .

2 . COSTS ARE RESERVED .
Keywords

Summary



Keywords

1 . ACTION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - TRADE ASSOCIATIONS - MEASURE CHALLENGED AFFECTING THE GENERAL INTERESTS OF THEIR CATEGORY - INADMISSIBILITY

( EEC TREATY , SECOND PARAGRAPH OF ART . 173 )

2 . ACTION FOR FAILURE TO ACT - NATURAL OR LEGAL PERSONS - MEASURE APPLIED FOR - REGULATION - INADMISSIBILITY

( EEC TREATY , THIRD PARAGRAPH OF ART . 175 )

Summary

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

2 . A REGULATION AMENDING ANOTHER REGULATION CANNOT BE CLASSIFIED AS A MEASURE WHICH MAY BE ADDRESSED TO A NATURAL OR LEGAL PERSON WITHIN THE MEANING OF THE THIRD PARAGRAPH OF ARTICLE 175 OF THE EEC TREATY .
Order of the President of the Court of 3 May 1979. - Robert Buttner and others v Commission of the European Communities. - Case 51-79 R.



European Court reports 1979 Page 01727



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Decision on costs

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Parties

IN CASE 51/79 R ,

ROBERT BUTTNER , MICHEL COLIN AND GIANMARIO FASSONE , 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 , 18A RUE DES GLACIS ,

APPLICANTS ,

V

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

DEFENDANT ,

Subject of the case

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES TO PREVENT THE DISSEMINATION AND USE BY THE COMMISSION OF THE REPORT OF A STUDY CARRIED OUT AT ITS REQUEST BY P . A . INTERNATIONAL CONSULTANTS LTD . ( PACTEL ) AND TO PROHIBIT ANY RESTRUCTURING OF THE COMPUTER OPERATION DIVISION IN LUXEMBOURG IN SO FAR AS IT IS BASED ON THAT REPORT ,

Grounds

1UNDER ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE OF THE COURT , THE ADOPTION OF INTERIM MEASURES BY MEANS OF AN INTERLOCUTORY ORDER IS SUBJECT TO THE EXISTENCE OF CIRCUMSTANCES GIVING RISE TO URGENCY AND TO FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE INTERIM MEASURES APPLIED FOR .

2IN SUPPORT OF THEIR APPLICATION THE APPLICANTS POINT OUT SOLELY , IN GENERAL TERMS , THAT THE DISSEMINATION OF THE DISPUTED REPORT AND ITS POSSIBLE IMPLEMENTATION ARE CALCULATED TO PREJUDICE THEM AS REGARDS THE FUTURE PROGRESS OF THEIR CAREERS .

3THE REPORT , WHOSE CONFORMITY WITH THE STAFF REGULATIONS AND OTHER LEGAL PRINCIPLES IS CALLED IN QUESTION IN THE MAIN PROCEEDINGS , IS AN INTERNAL DOCUMENT DRAWN UP BY A PRIVATE COMPANY FOR THE INFORMATION OF THE COMMISSION ; ITS CONTENTS AND CONCLUSIONS ARE STILL UNDER CONSIDERATION AND IT CANNOT IN ANY RESPECT BIND THE FUTURE BEHAVIOUR OF THE COMMISSION EITHER AS REGARDS THE SITUATION OF THE APPLICANTS UNDER THE STAFF REGULATIONS OR AS REGARDS THE ORGANIZATION OR REORGANIZATION OF THE DEPARTMENTS TO WHICH THEY BELONG .

4IN THESE CIRCUMSTANCES THE CONSIDERATION AND DISSEMINATION BY THE COMMISSION , IN ADVANCE OF A DECISION IN THE MAIN PROCEEDINGS IS IN NO RESPECT CALCULATED TO CAUSE THE APPLICANTS SERIOUS OR , A FORTIORI , IRREPARABLE DAMAGE , SO THAT THE MEASURE APPLIED FOR APPEARS TO BE NEITHER URGENT NOR JUSTIFIED .

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 ,

AS AN INTERLOCUTORY DECISION ,

HEREBY ORDERS AS FOLLOWS :

1 . THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES IS DISMISSED .

2 . COSTS ARE RESERVED .
Keywords



Keywords

ACTION TO HAVE MEASURE DECLARED VOID - APPLICATION FOR THE PURPOSE OF HAVING NATIONAL MEASURES DECLARED VOID - INADMISSIBILITY

( EEC TREATY , ART . 173 ; RULES OF PROCEDURE , ART . 92 ( 1 ))
Keywords

Summary



Keywords

1 . PROCEDURE - INTERVENTION - INTERVENTION IN PROCEEDINGS FOR INTERPRETATION - CONDITIONS OF ADMISSIBILITY

( PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC , ART . 37 )

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

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

Summary

1 . ALTHOUGH THE PROCEEDINGS FOR INTERPRETATION OF A JUDGMENT ARE ANCILLARY TO THE PROCEEDINGS WHICH HAVE LED TO THE JUDGMENT THE INTERPRETATION OF WHICH IS SOUGHT SO THAT AS A GENERAL RULE ONLY THE PARTIES TO THE LATTER PROCEEDINGS MAY BE PARTIES TO THE PROCEEDINGS RELATING TO INTERPRETATION A DIFFERENT APPRAISAL IS REQUIRED WHEN THE INTERPRETATION IS SOUGHT SPECIFICALLY IN RELATION TO ANOTHER CASE PENDING BETWEEN A THIRD PARTY AND THE PARTY SEEKING THE INTERPRETATION . THE PROTECTION OF THE RIGHTS OF THE DEFENCE REQUIRES THAT THE THIRD PARTY WHO ESTABLISHES AN INTEREST IN THE RESULT OF THE CASE WITHIN THE MEANING OF ARTICLE 37 OF THE STATUTE OF THE COURT OF JUSTICE SHOULD BE ALLOWED TO INTERVENE IN THE PROCEEDINGS FOR AN INTERPRETATION .

2 . A PERSON MAKING AN APPLICATION FOR INTERPRETATION OF A JUDGMENT MUST BASE HIS ARGUMENT , NOT ON CONTROVERSIES RELATING TO THE POSSIBLE EFFECT OF THE JUDGMENT IN QUESTION ON CASES OTHER THAN THAT ON WHICH A RULING HAS BEEN GIVEN , BUT ON THE OBSCURITY OR AMBIGUITY AFFECTING THE MEANING OR SCOPE OF THE JUDGMENT ITSELF IN SETTLING A PARTICULAR CASE BEFORE THE COURT . THE APPLICATION FOR INTERPRETATION IS THEREFORE INADMISSIBLE WHEN IT DOES NOT SEEK CLARIFICATION OF THE MEANING OR SCOPE OF THE JUDGMENT IN ISSUE BUT SEEKS TO OBTAIN FROM THE COURT AN OPINION ON A LEGAL QUESTION RAISED IN ANOTHER CASE .

AN APPLICATION FOR INTERPRETATION IS ALSO INADMISSIBLE WHEN IT DOES NOT CONCERN THE INTERPRETATION OF THE CONTESTED JUDGMENT BUT ITS APPLICATION .
Keywords



Keywords

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

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



Keywords

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PROCEDURE - COSTS - TAXATION - RECOVERABLE COSTS - CONCEPT - EXPENSES INCURRED IN PROVIDING A BANK GUARANTEE SO AS TO AVOID IMMEDIATE PAYMENT OF A FINE SUBSEQUENTLY REDUCED BY THE COURT - NOT ALLOWED

( RULES OF PROCEDURE, ART . 73 )
Keywords



Keywords

APPLICATION FOR INTERIM MEASURES - SUSPENSION OF OPERATION OF A MEASURE - CONDITIONS FOR GRANTING - URGENCY - DECISION ALREADY IMPLEMENTED

( RULES OF PROCEDURE , ARTICLE 83 ( 2 ))
Keywords



Keywords

1 . PROCEEDINGS ON APPLICATION FOR ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - INTERIM MEASURES - ADMISSIBILITY OF APPLICATION - CONDITIONS - MEASURE OF INDIVIDUAL CONCERN TO APPLICANT

( EEC TREATY , ARTS . 185 AND 186 )

2 . MEASURES ADOPTED BY THE INSTITUTIONS - TEMPORAL APPLICATION - RETROACTIVITY - CONDITIONS - PARTICULAR REASONS
Keywords

Summary



Keywords

COMPETITION - ADMINISTRATIVE PROCEDURE - STATEMENT OF OBJECTIONS - LEGAL NATURE - PREPARATORY - CHANGES IN THE COMMISSION ' S ASSESSMENTS DURING THE COURSE OF THE PROCEDURE - OBLIGATION TO EXPLAIN SUCH CHANGES TO THE COMPLAINANTS - NONE

( COUNCIL REGULATION NO 17 )

Summary

THE STATEMENT OF OBJECTIONS IS A PROCEDURAL AND PREPARATORY DOCUMENT , INTENDED SOLELY FOR THE UNDERTAKINGS AGAINST WHICH THE PROCEDURE IS INITIATED WITH A VIEW TO ENABLING THEM TO EXERCISE EFFECTIVELY THEIR RIGHT TO A FAIR HEARING . THE FACTUAL AND LEGAL ASSESSMENTS SET FORTH IN THAT DOCUMENT ARE PURELY PROVISIONAL AND THE COMMISION IS UNDER A DUTY TO REVISE THEM IN THE LIGHT OF THE EXPLANATIONS PROVIDED BY THOSE UNDERTAKINGS AND OF ANY AMENDMENTS MADE TO THE AGREEMENTS OR PRACTICES COMPLAINED OF . THE NATURE OF THE STATEMENT OF OBJECTIONS , AS DESCRIBED ABOVE , IS IN NO WAY AFFECTED BY THE COMMISSION ' S FORWARDING A COPY THEREOF TO THE COMPLAINANTS . BY SO DOING , THE COMMISSION DOES NOT IN ANY WAY BECOME COMMITTED , VIS-A-VIS THE COMPLAINANTS , TO MAINTAINING THE FACTUAL OR LEGAL ASSESSMENTS SET FORTH THEREIN . WHEN THE COMMISSION ULTIMATELY DECIDES TO REJECT THE COMPLAINTS IT MUST GIVE AS ITS REASONS FOR THAT DECISION ITS DEFINITIVE ASSESSMENTS BASED ON THE SITUATION EXISTING AT THE TIME WHEN THE PROCEDURE IS CLOSED , BUT IT IS NOT UNDER A DUTY TO EXPLAIN TO THE COMPLAINANTS ANY DIFFERENCES WITH RESPECT TO ITS PROVISIONAL ASSESSMENTS SET FORTH IN THE STATEMENT OF OBJECTIONS .
Keywords

Summary



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - CONDITIONS GOVERNING THE GRANT OF INTERIM MEASURES

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

Summary

THE OPERATION OF A MEASURE MAY BE SUSPENDED , AND A DECISION PRESCRIBING INTERIM MEASURES MAY BE GRANTED , BY THE JUDGE RULING ON THE APPLICATION FOR INTERIM RELIEF IF IT IS SHOWN THAT THERE ARE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THEM ( FUMUS BONI JURIS ); IF THERE IS AN URGENT NEED FOR THEM , IN THE SENSE THAT IT IS NECESSARY , IN ORDER TO AVOID SERIOUS AND IRREPARABLE DAMAGE TO THE APPLICANT ' S INTERESTS , FOR THEM TO BE ADOPTED AND PRODUCE THEIR EFFECTS BEFORE THE DECISION ON THE APPLICATION FOR ANNULMENT ; AND , FINALLY , IF THEY ARE PROVISIONAL , THAT IS , IF THEY DO NOT ALREADY PREJUDGE CONTESTED POINTS OF LAW OR OF FACT , OR NEUTRALIZE IN ADVANCE THE CONSEQUENCES OF THE DECISION TO BE GIVEN LATER IN THE MAIN PROCEEDINGS .
Keywords



Keywords

1 . APPLICATION FOR INTERIM MEASURES - CONDITIONS GOVERNING ADMISSIBILITY - ADMISSIBILITY OF MAIN APPLICATION - IRRELEVANT

( ECSC TREATY , ART . 39 ; EEC TREATY , ARTS 185 AND 186 ; EAEC TREATY , ARTS 157 AND 158 ; RULES OF PROCEDURE , ART . 83 ( 1 ))

2 . APPLICATION FOR INTERIM MEASURES - INTERIM MEASURES - ORDER ADDRESSED TO AN INSTITUTION OTHER THAN THAT AGAINST WHICH THE MAIN APPLICATION IS DIRECTED - PERMISSIBILITY

( ECSC TREATY , ART . 39 ; EEC TREATY , ART . 186 ; EAEC TREATY , ART . 158 )

3 . APPLICATION FOR INTERIM MEASURES - INTERIM MEASURES - CONDITIONS FOR GRANTING - MEMBER STATES - OBLIGATIONS - PAYMENTS TO THE COMMUNITY BUDGET - PAYMENTS CALCULATED ON THE BASIS OF A BUDGET THE LEGALITY OF WHICH IS PRIMA FACIE QUESTIONABLE HAVING REGARD TO THE RATE OF INCREASE IN NON-COMPULSORY EXPENDITURE - SERIOUS AND IRREPARABLE DAMAGE - GRANT OF INTERIM MEASURES

( ECSC TREATY , ARTS 39 AND 78 ( 9 ); EEC TREATY , ARTS 186 AND 203 ( 9 ); EAEC TREATY , ARTS 158 AND 177 ( 9 ); RULES OF PROCEDURE , ART . 83 ( 2 ))
Keywords



Keywords

PROCEDURE - ACTION BY A NATURAL OR LEGAL PERSON AGAINST A MEMBER STATE FOR THE ANNULMENT OF DECISIONS OF NATIONAL COURTS - LACK OF JURISDICTION OF THE COURT

( RULES OF PROCEDURE , ART . 92 ( 1 ))
Keywords



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - POWERS CONFERRED ON THE PRESIDENT BY ARTICLE 84 ( 2 ) OF THE RULES OF PROCEDURE

( EEC TREATY , ART . 185 ; RULES OF PROCEDURE , ARTS 83 AND 84 ( 2 ))
Keywords

Summary



Keywords

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ACTION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN - REGULATIONS ABROGATING ACCEPTANCE OF PRICE UNDERTAKINGS GIVEN IN THE CONTEXT OF ANTI-DUMPING PROCEEDINGS - IMPORTER WHO DID NOT IMPORT ANY OF THE PRODUCTS CONCERNED - INADMISSIBLE

( EEC TREATY, ART . 173, SECOND PARAGRAPH, COUNCIL REGULATION NO 3018/86 )

Summary

A COUNCIL REGULATION ABROGATING ACCEPTANCE OF PRICE UNDERTAKINGS IN RESPECT OF SPECIFIED PRODUCTS GIVEN IN THE CONTEXT OF ANTI-DUMPING PROCEEDINGS BY EXPORTERS IN SPECIFIED COUNTRIES CANNOT IN ANY WAY BE OF DIRECT AND INDIVIDUAL CONCERN WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY TO AN IMPORTER WHO HAS NOT SHOWN THAT HE ACTUALLY IMPORTED ANY OF THE PRODUCTS IN QUESTION FROM ANY OF THE SAID COUNTRIES AND AN APPLICATION FOR THE ANNULMENT OF SUCH A REGULATION BROUGHT BY SUCH AN IMPORTER IS CONSEQUENTLY INADMISSIBLE .
Keywords

Summary



Keywords

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APPLICATION FOR INTERIM MEASURES - CONDITIONS OF ADMISSIBILITY - ADMISSIBILITY OF THE MAIN APPLICATION - IRRELEVANCE - LIMITS

( EEC TREATY, ARTS . 185 AND 186; RULES OF PROCEDURE, ART . 83 ( 1 ) )

Summary

ALTHOUGH IN PRINCIPLE THE ISSUE OF THE ADMISSIBILITY OF THE MAIN APPLICATION SHOULD NOT BE EXAMINED IN PROCEEDINGS RELATING TO AN APPLICATION FOR INTERIM MEASURES, SO AS NOT TO PREJUDGE THE SUBSTANCE OF THE CASE, IT NEVERTHELESS SEEMS NECESSARY, WHEN IT IS CONTENDED THAT THE MAIN APPLICATION TO WHICH THE APPLICATION FOR INTERIM MEASURES RELATES IS MANIFESTLY INADMISSIBLE, TO ESTABLISH WHETHER THERE ARE ANY GROUNDS FOR CONCLUDING PRIMA FACIE THAT THE MAIN APPLICATION IS ADMISSIBLE .

SUCH AN APPROACH IS ALL THE MORE NECESSARY IN A CASE WHERE THE APPLICANT IS A PRIVATE PARTY SEEKING A DECLARATION THAT A MEASURE OF GENERAL APPLICATION IS VOID, IN ORDER TO PREVENT A SITUATION WHERE THAT PERSON IS ABLE, BY MEANS OF AN APPLICATION FOR INTERIM MEASURES, TO OBTAIN THE SUSPENSION OF THE OPERATION OF A MEASURE WHICH THE COURT SUBSEQUENTLY REFUSES TO DECLARE VOID BECAUSE HIS APPLICATION IS INADMISSIBLE .
Keywords



Keywords

++++

Officials - Actions - Prior complaint through official channels - Implied decision of rejection not contested within the time-limits - Action barred

( Staff Regulations of Officials, Arts 90 and 91 )