ddrg/super_eurlex huggingface dataset:
Order of the Court (First Chamber) of 6 October 1976. - Antonio Gigante v Commission of the European Communities. - Case 31-71.



European Court reports 1976 Page 01471



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Parties

IN CASE 31/71

ANTONIO GIGANTE

V COMMISSION OF THE EUROPEAN COMMUNITIES

Grounds

1 BY INTERLOCUTORY JUDGMENT OF 29 NOVEMBER 1973 (( 1973 ) ECR 1353 ) THE COURT ( FIRST CHAMBER ) ORDERED THE NECESSARY MEASURES FOR THE APPOINTMENT AND FUNCTIONING OF AN INVALIDITY COMMITTEE AS PROVIDED FOR IN ARTICLE 59 ( 3 ) OF THE STAFF REGULATIONS .

2 AFTER THAT COMMITTEE HAD SUBMITTED ITS REPORT ON 6 JANUARY 1975 THE COURT DECLARED IN A SECOND INTERLOCUTORY JUDGMENT OF 12 MARCH 1975 (( 1975 ) ECR 337 ) THAT THE APPLICATION HAD BECOME DEVOID OF PURPOSE SAVE WITH REGARD TO THE CLAIM RELATING TO THE REIMBURSEMENT OF THE MEDICAL AND PHARMACEUTICAL EXPENSES SINCE THE SAID REPORT HAD NOT YET DEALT WITH THOSE EXPENSES .

3 IN A SUPPLEMENTARY REPORT SUBMITTED TO THE COURT ON 15 JULY 1976 THE INVALIDITY COMMITTEE SET OUT A STATEMENT OF THE MEDICAL AND PHARMACEUTICAL EXPENSES TO BE REIMBURSED TO THE APPLICANT .

4 ON THE PARTIES ' BEING SUMMONED TO THE HEARING ON 30 SEPTEMBER 1976 THE COMMISSION , AS DEFENDANT , DECLARED THAT IN THE MEANTIME IT HAD PAID THE SUM SPECIFIED IN THE SUPPLEMENTARY REPORT .

5 SINCE THE APPLICANT DID NOT APPEAR AT THE HEARING ON 30 SEPTEMBER 1976 IT MUST BE CONCLUDED THAT HE CONTESTS NEITHER THE CONCLUSIONS OF THE SUPPLEMENTARY REPORT NOR THAT HE HAS RECEIVED THE SUM DUE AND THEREFORE THAT HE HAS NO FURTHER CLAIM .

6 ACCORDINGLY THE CASE MAY BE ORDERED TO BE STRUCK OUT WITHOUT ITS BEING NECESSARY TO GIVE JUDGMENT .

Decision on costs

COSTS

7 THE DEFENDANT HAS ASKED THAT THE APPLICANT BE ORDERED TO BEAR THE COSTS BECAUSE THE PROCEEDINGS HAVE BEEN UNDULY PROLONGED BY THE UNREASONABLE BEHAVIOUR OF THE MEMBER OF THE INVALIDITY COMMITTEE APPOINTED BY THE APPLICANT .

8 ALTHOUGH IT IS TRUE THAT THE SAID BEHAVIOUR HAS BEEN IN A HIGH DEGREE UNREASONABLE AND REPREHENSIBLE , IT HAS HOWEVER NOT BEEN SHOWN THAT THIS HAS CAUSED THE DEFENDANT ANY ADDITIONAL COSTS .

9 IN THESE CIRCUMSTANCES THE RULE IN ARTICLE 70 OF THE RULES OF PROCEDURE MUST APPLY AND EACH PARTY MUST BE ORDERED TO BEAR ITS OWN COSTS .

Operative part

THE COURT ( FIRST CHAMBER )

COMPOSED OF : A . O ' KEEFFE , PRESIDENT OF CHAMBER , A . M . DONNER AND J . MERTENS DE WILMARS , JUDGES ,

ADVOCATE-GENERAL : G . REISCHL

REGISTRAR : A . VAN HOUTTE

HEREBY ORDERS :

1 . CASE 31/71 SHALL BE REMOVED FROM THE COURT REGISTER ;

2 . EACH PARTY SHALL BEAR ITS OWN COSTS .
Order of the President of the Court of 16 March 1974. - Miles Druce & Co. Limited v Commission of the European Communities and Guest, Keen & Nettlefolds Limited. - Joined cases 160, 161 and 170-73 R II.



European Court reports 1974 Page 00281



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IN THE JOINED CASES 160, 161, 170/73 R II

MILES DRUCE AND COMPANY LIMITED, A COMPANY REGISTERED IN ENGLAND WITH ITS OFFICE AT HIGH WYCOMBE, BUCKINGHAMSHIRE, REPRESENTED BY MEESTER B . H . TER KUILE, ADVOCATE AT THE HOGE RAAD OF THE NETHERLANDS AND MR A . J . C . PAINES, SOLICITOR OF THE SUPREME COURT IN ENGLAND, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MAITRE JACQUES LOESCH, ADVOCATE, 2 RUE GOETHE, APPLICANT,

V

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY MESSRS G . L . CLOSE AND E . ZIMMERMANN, ITS LEGAL ADVISERS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MR PIERRE LAMOUREUX, LEGAL ADVISER, 4 BOULEVARD ROYAL, DEFENDANT, AND

GUEST, KEEN AND NETTLEFOLDS LIMITED, A COMPANY REGISTERED IN ENGLAND WITH ITS OFFICE AT SMETHWICK, WARLEY, WORCESTERSHIRE, REPRESENTED BY MAITRE ETIENNE GUTT, ADVOCATE AT THE COURT OF APPEAL OF BRUSSELS AND MR MICHAEL WHEELER, Q.C ., LINCOLN'S INN, LONDON WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MAITRE ANDRE ELVINGER, ADVOCATE, 84 GRAND RUE, INTERVENING,

Grounds

1 IN VIEW OF THE IMPORTANCE OF THE INTERESTS INVOLVED, AND OF THE DEVELOPMENTS WHICH COULD TAKE PLACE BEFORE A RULING CAN BE GIVEN ON THE ISSUES DIVIDING THE PARTIES, IT IS IMPORTANT THAT NO CHANGE SHOULD TAKE PLACE IN THE STATUS QUO AND NO IRREPARABLE HARM SHOULD BE DONE;

2 IN THIS RESPECT, IT IS NOTED THAT THE COMMISSION HAS GIVEN A FORMAL UNDERTAKING TO DEFER THE IMPLEMENTATION OF ITS DECISION;

3 THE COMMISSION'S ATTITUDE WOULD, HOWEVER, HAVE LITTLE PRACTICAL VALUE IF, WITHIN THE TIME-LIMIT OF THREE WEEKS, IT PERMITTED ANY ACTION TO BE TAKEN BY ANYONE WHOMSOEVER;

4 IT IS THEREFORE FOR THE COMMISSION TO TAKE ALL STEPS NECESSARY TO ENSURE COMPLIANCE WITH THIS TIME-LIMIT AND UNTIL ITS EXPIRY, NEUTRAL BEHAVIOUR ON THE PART OF THOSE CONCERNED;

5 ALL PARTIES HAVING SET OUT THEIR POINTS OF VIEW IN WRITTEN SUBMISSIONS, IT IS PROPER TO MAKE AN ORDER IN VIEW OF THE URGENCY OF THE MATTER;

Decision on costs

6 IT IS PROPER TO RESERVE COSTS FOR THE TIME BEING,

Operative part

ORDERS

1 . THE COMMISSION SHALL PROVIDE THAT THE EARLIEST DATE FOR THE ENTRY INTO FORCE OF ITS DECISION SHALL BE 8 APRIL .

2 . IT SHALL TAKE ALL NECESSARY MEASURES TO ENSURE THAT NO ACTION IS TAKEN DURING THIS PERIOD .

3 . THE COSTS ARE RESERVED .
Order of the President of the Court of 8 July 1974. - Kali Chemie SA v Commission of the European Communities. - Case 20-74 R II.



European Court reports 1974 Page 00787



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IN CASE 20/74 R II

KALI CHEMIE AG, A COMPANY INCORPORATED UNDER GERMAN LAW HAVING ITS HEAD OFFICE AT HANOVER, REPRESENTED BY ITS DIRECTORS P . VON BISMARCK AND OTHERS, ASSISTED BY R . C . GALLER, J . MEYER-LANDRUT AND G . MILLEN, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF J . LOESCH, 2 RUE GOETHE, APPLICANT,

V

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY R . WAEGENBAUR, AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF P . LAMOUREUX, LEGAL ADVISER, 4 BOULEVARD ROYAL, DEFENDANT,

Grounds

1 IT HAS NOT BEEN POSSIBLE TO REACH A JUDGMENT IN THE MAIN ACTION BEFORE THE EXPIRY OF THE TIME-LIMIT LAID DOWN FOR SUSPENSION OF OPERATION BY THE ORDER OF 3 APRIL 1974 .

2 THE FACTUAL SITUATION WHICH PROMPTED THE GRANT OF THE FIRST SUSPENSION HAS NOT CHANGED DURING THE INTERVENING PERIOD .

3 IN THE ABSENCE OF ANY PROCEDURAL OBSTACLE, THE JUDGMENT IN THE MAIN ACTION SHOULD BE REACHED WITHIN A PERIOD OF A FEW MONTHS .

Decision on costs

4 IN THE PRESENT CIRCUMSTANCES THE COSTS SHOULD BE RESERVED .

Operative part

ON THOSE GROUNDS,

ORDERS, AS AN INTERIM MEASURE AND IN VIEW OF THE URGENCY :

1 . THE OPERATION OF ARTICLE 3 OF THE DECISION OF THE COMMISSION OF 21 DECEMBER 1973 ( IV/795 - OJ OF 23 JANUARY 1974 ) IS SUSPENDED PENDING JUDGMENT IN THE MAIN ACTION .

2 . COSTS ARE RESERVED .
Order of the Court (First Chamber) of 18 January 1978, sur l'exception d'irrecevabilité soulevée par le Conseil. - Claude Jacquemart v Council of the European Communities and Commission of the European Communities. - Severance grant. - Case 114/77.



European Court reports 1978 Page 01711



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Parties

IN CASE 114/77

CLAUDE JACQUEMART

V

COUNCIL OF THE EUROPEAN COMMUNITIES AND

COMMISSION OF THE EUROPEAN COMMUNITIES

Grounds

BY AN APPLICATION OF 22 SEPTEMBER 1977 LODGED AT THE COURT REGISTRY ON THE SAME DATE , THE APPLICANT , IN ACCORDANCE WITH ARTICLE 91 OF THE STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES , COMMENCED PROCEEDINGS FOR THE ANNULMENT OF A DECISION OF THE COMMISSION OF 12 JULY 1977 AND OF COUNCIL REGULATION ( ECSC , EEC , EURATOM ) NO 3177/76 OF 21 DECEMBER 1976 .

THE COUNCIL CONTENDS THAT , AS FAR AS IT IS CONCERNED , THE APPLICATION SHOULD BE DECLARED INADMISSIBLE WITHOUT ANY CONSIDERATION OF THE SUBSTANCE OF THE CASE .

THE FACT THAT THE APPLICANT FIRST OF ALL BY A PERSONAL COMMUNICATION ADDRESSED TO THE COUNCIL AND SUBSEQUENTLY IN HIS APPLICATION DIRECTED AGAINST THE COMMISSION ' S DECISION RELATING TO THE CALCULATION OF HIS SEVERANCE GRANT CALLED IN QUESTION THE VALIDITY OF CERTAIN OF THE PROVISIONS OF COUNCIL REGULATION NO 3177/76 DOES NOT CONFER UPON THE COUNCIL THE ATTRIBUTES OF AN APPOINTING AUTHORITY WITHIN THE MEANING OF ARTICLE 91 ( 2 ) OF THE SAID STAFF REGULATIONS .

ON THE OTHER HAND , SINCE REGULATION NO 3177/76 IS NEITHER A DECISION ADDRESSED TO THE APPLICANT NOR A DECISION WHICH , ALTHOUGH IN THE FORM OF A REGULATION , IS OF DIRECT AND INDIVIDUAL CONCERN TO HIM , THE APPLICATION IS ALSO INADMISSIBLE IN SO FAR AS IT IS BASED ON ARTICLE 173 OF THE TREATY .

FINALLY , AND IN ANY EVENT , EVEN IF THE LETTER SENT BY THE APPLICANT TO THE PRESIDENT OF THE COUNCIL ON 25 FEBRUARY 1977 IN ORDER TO HAVE REGULATION ( EEC ) NO 3177/76 AMENDED OR TO HAVE ARTICLE 12 OF ANNEX VIII TO THE STAFF REGULATIONS INTERPRETED BY THE COMMISSION TO HIS SATISFACTION COULD BE REGARDED AS A COMPLAINT WITHIN THE MEANING OF ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS , THE ACTION DIRECTED AGAINST THE REASONED REPLY OF THE COUNCIL OF 15 MARCH 1977 IS INADMISSIBLE BECAUSE IT IS OUT OF TIME UNDER ARTICLE 91 ( 2 ) OF THE STAFF REGULATIONS .

Operative part

ON THOSE GROUNDS ,

HAVING REGARD TO ARTICLES 69 , 70 AND 91 OF THE RULES OF PROCEDURE OF THE COURT OF JUSTICE ,

UPON HEARING THE OPINION OF THE ADVOCATE GENERAL ,

THE COURT ( FIRST CHAMBER )

HEREBY ORDERS AS FOLLOWS :
Order of the Court of 1 July 1981. - Ireks-Arkady GmbH v European Economic Community. - Case 238/78.



European Court reports 1981 Page 01719



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Parties

IN CASE 238/78 ,

IREKS-ARKADY GMBH ,

APPLICANT ,

V

EUROPEAN ECONOMIC COMMUNITY ,

REPRESENTED BY ITS INSTITUTIONS :

1 . COUNCIL OF THE EUROPEAN COMMUNITIES ,

2 . COMMISSION OF THE EUROPEAN COMMUNITIES ,

DEFENDANT ,

Subject of the case

APPLICATION UNDER ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY ,

Grounds

1 IN VIEW OF THE FACT THAT THE PARTIES HAVE ESTABLISHED THE AMOUNT OF COMPENSATION BY AGREEMENT , CASE 238/78 MUST BE REMOVED FROM THE COURT REGISTER .

2 IN PURSUANCE OF ARTICLE 69 ( 1 ) OF THE RULES OF PROCEDURE THE COURT IS TO GIVE A DECISION AS TO COSTS IN ITS FINAL JUDGMENT OR IN THE ORDER WHICH CLOSES THE PROCEEDINGS .

3 IN ITS INTERLOCUTORY JUDGMENT OF 4 OCTOBER 1979 (( 1979 ) ECR 2955 ) IN THIS CASE THE COURT RESERVED THE COSTS .

4 BY LETTER OF 5 JANUARY 1981 THE APPLICANT ASKED THE COURT TO ADJUDICATE ON THE COSTS RECOVERABLE .

5 THE COURT MUST THEREFORE ADJUDICATE ON THE SHARING OF COSTS IN ORDER TO ALLOW THE SECOND CHAMBER TO TAX THE RECOVERABLE COSTS .

6 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS .

7 UNDER ARTICLE 69 ( 3 ) THE COURT MAY , WHERE EACH PARTY SUCCEEDS ON SOME AND FAILS ON OTHER HEADS OR WHERE THE CIRCUMSTANCES ARE EXCEPTIONAL , ORDER THE PARTIES TO BEAR THEIR OWN COSTS IN WHOLE OR IN PART .

8 IT MAY BE SEEN FROM THE INTERLOCUTORY JUDGMENT THAT THE COUNCIL AND THE COMMISSION WERE UNSUCCESSFUL AS REGARDS ALL THEIR LEGAL SUBMISSIONS . THE REDUCTION IN THE AMOUNT CLAIMED , WHICH WAS MADE FOLLOWING NEGOTIATIONS BETWEEN THE PARTIES , IS NOT SO GREAT AS TO HAVE ANY EFFECT ON THE SHARING OF COSTS .

9 THE EUROPEAN ECONOMIC COMMUNITY MUST THEREFORE BE ORDERED TO BEAR THE WHOLE OF THE COSTS .

Operative part

ON THOSE GROUNDS ,

THE COURT

HEREBY ORDERS AS FOLLOWS :

1 . CASE 238/78 IS REMOVED FROM THE COURT REGISTER .

2 . THE EUROPEAN ECONOMIC COMMUNITY SHALL BEAR THE COSTS .
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Keywords

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PROCEDURE - ACTION NO LONGER HAVING ANY PURPOSE AS A RESULT OF THE ADOPTION BY THE DEFENDANT OF MEASURES CORRESPONDING TO THOSE PRESCRIBED BY A JUDGMENT OF THE COURT IN A PARALLEL CASE - NO NEED TO GIVE A DECISION .
Order of the Court (First Chamber) of 14 October 1981. - Jakob Flamm v Commission and Council of the European Communities. - Case 567/79 A.



European Court reports 1981 Page 02383



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Decision on costs

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Parties

IN CASE 567/79 A

JAKOB FLAMM , RESIDING IN THE VIA GRAZIA DELLEDDA , RANCO ( VARESE ), ITALY , REPRESENTED BY B . POTTHAST AND H.-J . RUBER , OF THE COLOGNE BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF V . BIEL , 18A , RUE DES GLACIS ,

APPLICANT ,

V

1 . COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY J . PIPKORN , A MEMBER OF ITS LEGAL DEPARTMENT , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF O . MONTALTO , JEAN MONNET BUILDING , KIRCHBERG ,

2.COUNCIL OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , J . CARBERY , ACTING AS AGENT , ASSISTED BY TITO GALLAS , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF D . FONTEIN , DIRECTOR OF THE LEGAL DEPARTMENT OF THE EUROPEAN INVESTMENT BANK , KIRCHBERG ,

DEFENDANTS ,

Subject of the case

APPLICATION CHALLENGING THE TERMS FOR REPAYMENT OF BUILDING LOANS GRANTED BY THE COMMISSION , AS AMENDED BY THE LATTER AS FROM APRIL 1979 ON THE BASIS OF COUNCIL REGULATION NO 3085/78 AND NO 3086/78 OF 21 DECEMBER 1978 ( OFFICIAL JOURNAL L 369 , PP . 6 AND 8 ),

Grounds

THE COUNCIL IS NEITHER THE APPLICANT ' S APPOINTING AUTHORITY NOR A PARTY TO THE LOAN CONTRACT , WHICH REFERS SOLELY TO THE COMMISSION AND THE APPLICANT . THE COUNCIL CANNOT THEREFORE BE PARTY TO THIS ACTION , A VIEW WHICH IS SHARED BY THE APPLICANT HIMSELF . THE APPLICANT HAS NOT ASKED TO DISCONTINUE THE ACTION .

IN THESE CIRCUMSTANCES THE COURT ( FIRST CHAMBER ) HOLDS THAT IT IS NOT NECESSARY TO OPEN THE ORAL PROCEDURE .

THE APPLICATION IS INADMISSIBLE IN SO FAR AS IT IS DIRECTED AGAINST THE COUNCIL AND MUST THEREFORE BE DISMISSED .

Decision on costs

COSTS

ACCORDING TO ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS .

HOWEVER , ARTICLE 70 OF THE RULES OF PROCEDURE STATES THAT IN ACTIONS BROUGHT BY SERVANTS OF THE COMMUNITIES THE INSTITUTIONS SHALL BEAR THEIR OWN COSTS .

Operative part

ON THOSE GROUNDS ,

THE COURT ( FIRST CHAMBER )

HEREBY ORDERS AS FOLLOWS :

1 . THE APPLICATION IS DISMISSED AS INADMISSIBLE IN SO FAR AS IT IS DIRECTED AGAINST THE COUNCIL .

2 . THE APPLICANT AND THE COUNCIL SHALL BEAR THEIR OWN COSTS .
Order of the Court (First Chamber) of 4 October 1979. - Mme P v Commission of the European Communities. - Case 40/79.



European Court reports 1979 Page 03299



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Parties

IN CASE 40/79

MRS P .

V

COMMISSION OF THE EUROPEAN COMMUNITIES ,

Grounds

THE APPLICATION OF MRS C ., NEE C ., THE WIDOW OF C ., TO INTERVENE IS INADMISSIBLE TO THE EXTENT TO WHICH SHE CLAIMS A MORAL INTEREST OF HER OWN SINCE THE JUDGMENT TO BE DELIVERED CANNOT HAVE THE EFFECT OF DECIDING A QUESTION REGARDING STATUS OF PERSONS .

HOWEVER , THE APPLICATION TO INTERVENE IS ADMISSIBLE IN SO FAR AS IT IS LODGED BY THE APPLICANT TO INTERVENE IN HER CAPACITY AS SUPERVISING GUARDIAN OF CHRISTINA AND RENATO C ., THE MINOR CHILDREN OF THE LATE MANFREDO C . IN FACT IF THE APPLICATION MADE BY THE APPLICANT IN THE MAIN PROCEEDINGS WERE GRANTED THE ORPHAN ' S PENSION PAID TO CHRISTINA AND RENATO C . WOULD , IN ACCORDANCE WITH THE PROVISIONS OF THE THIRD PARAGRAPH OF ARTICLE 80 OF THE STAFF REGULATIONS OF OFFICIALS , BE REDUCED BY HALF . CHRISTINA AND RENATO C . ACCORDINGLY HAVE AN INTEREST IN THE RESULT OF THE CASE WITHIN THE MEANING OF ARTICLE 37 OF THE STATUTE OF THE COURT OF JUSTICE OF THE EEC AND ARTICLE 93 ( 2 ) ( D ) OF THE RULES OF PROCEDURE AND MUST BE ALLOWED TO INTERVENE , REPRESENTED BY THEIR SUPERVISING GUARDIAN BY REASON OF THE FACT THAT THE APPLICANT IN THE MAIN PROCEEDINGS IS THEIR ' ' TUTRICE LEGALE ' ' ( GUARDIAN DESIGNATED BY LAW ).

Operative part

ON THOSE GROUNDS ,

THE COURT ( FIRST CHAMBER )

HEREBY ORDERS AS FOLLOWS :

1 . THE APPLICATION MADE BY MRS C ., NEE C ., WIDOW OF C ., IS ALLOWED ONLY TO THE EXTENT TO WHICH SHE ACTS AS THE SUPERVISING GUARDIAN OF CHRISTINA AND RENATO C .

2 . A COPY OF ALL THE PROCEDURAL DOCUMENTS IN THE CASE SHALL BE SERVED ON THE INTERVENER BY THE REGISTRAR .

3 . A PERIOD SHALL BE PRESCRIBED WITHIN WHICH THE INTERVENER IS TO STATE IN WRITING THE GROUNDS FOR HER SUBMISSIONS .

4 . COSTS ARE RESERVED .
Keywords



Keywords

OFFICIALS - APPLICATIONS TO THE COURT - APPLICATION DIRECTED AGAINST A DRAFT DECISION - PREPARATORY ACT - INADMISSIBILITY

( STAFF REGULATIONS OF OFFICIALS , ART . 91 ; RULES OF PROCEDURE , ART . 92 ( 1 ))
Order of the Court of 12 March 1980. - Reference for a preliminary ruling by the Acting Judge at the Tribunal d'Instance, Hayange. - Case 68/80.



European Court reports 1980 Page 00771



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Parties

IN CASE 68/80

REFERENCE FOR A PRELIMINARY RULING BY THE ACTING JUDGE AT THE TRIBUNAL D ' INSTANCE , HAYANGE

Grounds

BY DECISION DATED 25 FEBRUARY 1980 THE ACTING JUDGE AT THE TRIBUNAL D ' INSTANCE , HAYANGE , REFERRED TO THE COURT , PURSUANT TO ARTICLE 177 OF THE TREATY ESTABLISHING THE EEC , A JUDGMENT WHICH RAISES , IN THE CONTEXT OF AN ACTION FOR THE EVICTION OF TENANTS , THE QUESTION WHETHER AN ACTION AGAINST THE SAID JUDGE FOR DAMAGES FOR A DENIAL OF JUSTICE IS COMPATIBLE WITH ' ' THE REQUIREMENTS INHERENT IN THE VERY NATURE OF COMMUNITY LAW APPLICABLE TO THIS CASE ' ' .

IT IS APPARENT FROM THE GROUNDS AND WORDING OF THE DECISION MAKING THE REFERENCE THAT THE FIELD COVERED BY THE QUESTION REFERRED TO THE COURT DOES NOT IN ANY WAY RELATE EITHER TO THE INTERPRETATION OF THE EEC TREATY OR TO THE VALIDITY OR INTERPRETATION OF AN ACT OF A COMMUNITY INSTITUTION .

SINCE THE COURT MAY AT ANY TIME , PURSUANT TO ARTICLE 92 ( 2 ) OF THE RULES OF PROCEDURE ( AS AMENDED ON 12 SEPTEMBER 1979 , OFFICIAL JOURNAL , L 238 , P . 1 ), OF ITS OWN MOTION CONSIDER WHETHER THERE EXISTS ANY ABSOLUTE BAR TO PROCEEDING WITH A CASE , IT HEREBY DECLARES THAT IT CLEARLY HAS NO JURISDICTION TO REPLY TO THE QUESTION THUS RAISED .

UPON HEARING THE ADVOCATE GENERAL ,

Operative part

THE COURT ,

COMPOSED OF : H . KUTSCHER , PRESIDENT , A . O ' KEEFFE AND A . TOUFFAIT ( PRESIDENTS OF CHAMBERS ), J . MERTENS DE WILMARS , P . PESCATORE , G . BOSCO AND T . KOOPMANS , JUDGES ,

ADVOCATE GENERAL : F . CAPOTORTI

REGISTRAR : A . VAN HOUTTE

DECIDES AS FOLLOWS :

THE COURT OF JUSTICE CLEARLY HAS NO JURISDICTION TO REPLY TO THE QUESTION REFERRED TO IT BY THE ACTING JUDGE AT THE TRIBUNAL D ' INSTANCE , HAYANGE .
Keywords



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF THE PROCEEDINGS OF A SELECTION BOARD FOR A COMPETITION INTENDED TO CONSTITUTE A RESERVE LIST - CONDITIONS FOR GRANTING

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



Keywords

PROCEDURE - COSTS - TAXATION - FACTORS TO BE TAKEN INTO ACCOUNT

( RULES OF PROCEDURE , ARTS 73 ( B ) AND 74 )
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Summary



Keywords

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

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

Summary

AN APPLICATION TO SUSPEND THE OPERATION OF A MEASURE AND OTHER INTERIM MEASURES MAY BE GRANTED BY THE JUDGE HEARING THE CASE IF , ON FACTUAL AND LEGAL GROUNDS , A PRIMA FACIE CASE IS ESTABLISHED , IF THEY ARE URGENT IN THE SENSE THAT IT IS NECESSARY , SO AS TO AVOID GRAVE AND IRREPARABLE HARM , FOR THEM TO BE ADOPTED AND TAKE EFFECT PRIOR TO THE DECISION OF THE COURT ON THE SUBSTANTIVE ACTION AND IF THEY ARE PROVISIONAL IN THE SENSE THAT THEY DO NOT PREJUDGE THE SUBSTANTIVE DECISION , THAT IS TO SAY THEY DO NOT DECIDE AT THIS STAGE POINTS OF LAW OR FACT IN ISSUE , OR NULLIFY IN ADVANCE THE EFFECTS OF THE DECISION TO BE DELIVERED SUBSEQUENTLY ON THE SUBSTANTIVE ACTION .
Keywords

Summary



Keywords

ACTION FOR A DECLARATION THAT A MEASURE IS VOID - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - MEASURES FORMING PART OF THE BUDGET PROCEDURE

( EEC TREATY , ART . 173 ; FINANCIAL REGULATION OF 21 DECEMBER 1977 , ART . 1 ( 1 ))

Summary

AS IS CLEAR FROM ARTICLE 1 ( 1 ) OF THE FINANCIAL REGULATION , WHICH DEFINES THE BUDGET AS THE INSTRUMENT WHICH SETS OUT FORECASTS OF , AND AUTHORIZES IN ADVANCE , THE EXPECTED REVENUE AND EXPENDITURE OF THE COMMUNITIES FOR EACH YEAR , THE PROCEDURE FOR THE APPROVAL OF THE BUDGET LEADS ONLY TO THE AUTHORIZATION OF THE COMMITMENT OF EXPENDITURE . CONSEQUENTLY , A NATURAL OR LEGAL PERSON CANNOT UNDER ANY CIRCUMSTANCES BE DIRECTLY CONCERNED BY THE STEPS IN THAT PROCEDURE . SUCH A PERSON MAY BE DIRECTLY CONCERNED ONLY BY THE MEASURES TAKEN TO IMPLEMENT THE BUDGET .
Keywords



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - CONDITIONS FOR GRANTING - APPLICATION FOR THE SUSPENSION OF DISCIPLINARY PROCEEDINGS ON THE GROUNDS OF ALLEGED INFRINGEMENT OF THE RIGHTS OF THE DEFENCE - OPPORTUNITY FOR THE PERSON CONCERNED TO RAISE THE ALLEGED PROCEDURAL IRREGULARITIES BEFORE THE DISCIPLINARY BOARD - SUSPENSION OF THE PROCEEDINGS NOT JUSTIFIABLE

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



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF THE OPERATION OF A DECISION IMPOSING A FINE - CONDITIONS UNDER WHICH SUCH A SUSPENSION IS GRANTED - PROVISION OF A GUARANTEE

( ECSC TREATY , ART . 39 )
Keywords



Keywords

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

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

Summary



Keywords

FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - LIMIT ON THE NUMBER OF IMPORTERS

( EEC TREATY , ART . 30 )

Summary

NATIONAL RULES OR PRACTICES WHICH RESULT IN IMPORTS BEING CHANNELLED IN SUCH A WAY THAT ONLY CERTAIN TRADERS CAN EFFECT THOSE IMPORTS , WHEREAS OTHERS ARE PREVENTED FROM DOING SO , CONSTITUTE A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION WITHIN THE MEANING OF ARTICLE 30 OF THE TREATY .
Keywords

Summary



Keywords

ACTION FOR A DECLARATION THAT A MEASURE IS VOID - COUNCIL REGULATION IMPOSING A DEFINITIVE ANTI-DUMPING DUTY - ACTION BROUGHT AGAINST THE COMMISSION - INADMISSIBILITY

( EEC TREATY , ART . 173 ; COUNCIL REGULATIONS NOS 2176/84 AND 1698/85 )

Summary

IN VIEW OF THE ROLE ATTRIBUTED BY REGULATION NO 2176/84 TO THE COMMISSION IN PROCEEDINGS LEADING TO THE ADOPTION BY THE COUNCIL OF A REGULATION IMPOSING A DEFINITIVE ANTI-DUMPING DUTY AN ACTION TO HAVE SUCH A REGULATION DECLARED VOID LIES ONLY AGAINST THE COUNCIL WHICH ALONE HAS THE POWER OF DECISION .
Keywords



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - INTERIM MEASURES - PURPOSE - CONDITIONS - SERIOUS AND IRREPARABLE DAMAGE

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

Summary



Keywords

++++

APPLICATION FOR A DECLARATION THAT A MEASURE IS VOID - COUNCIL DECISION TERMINATING AN ANTI-DUMPING PROCEEDING - APPLICATION DIRECTED AGAINST THE COMMISSION - INADMISSIBLE

( EEC TREATY, ART . 173; COUNCIL REGULATION NO 2176/84, ART . 9; COUNCIL DECISION NO 86/59 )

Summary

WHERE, PURSUANT TO ARTICLE 9 OF REGULATION NO 2176/84, A DECISION TO TERMINATE AN ANTI-DUMPING PROCEEDING WAS TAKEN BY THE COUNCIL AND NOT BY THE COMMISSION FOLLOWING OBJECTIONS TO SUCH A DECISION RAISED BEFORE THE ADVISORY COMMITTEE PROVIDED FOR IN ARTICLE 6 ( 1 ) OF THE SAME REGULATION, AN APPLICATION FOR A DECLARATION THAT THAT DECISION IS VOID IS INADMISSIBLE IN SO FAR AS IT IS DIRECTED AGAINST THE COMMISSION .
Keywords



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - INTERIM MEASURES - CONDITIONS FOR GRANTING - EXISTENCE OF A DECISION OPEN TO CHALLENGE - MEASURES NOT PREJUDGING THE DECISION ON THE SUBSTANCE OF THE CASE

( EEC TREATY , ARTS 185 AND 186 )
Keywords



Keywords

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1 . OFFICIALS - ADMINISTRATION' S OBLIGATION TO PROVIDE ASSISTANCE - SCOPE

( STAFF REGULATIONS OF OFFICIALS, ART . 24 )

2 . OFFICIALS - APPLICATIONS TO THE COURT - INTEREST IN BRINGING PROCEEDINGS - APPLICANT WHO HAS OBTAINED SATISFACTION AS A RESULT OF A COMPLAINT - INADMISSIBLE

( STAFF REGULATIONS OF OFFICIALS, ARTS 90 AND 91 )