ddrg/super_eurlex huggingface dataset:
Order of the President of the Court of 17 September 1964. - Société rhénane d'exploitation et de manutention (Sorema) v High Authority of the ECSC. - Case 36-64 R.



European Court reports

French edition Page 00451

Dutch edition Page 00459

German edition Page 00474

Italian edition Page 00431

English special edition Page 00348



Parties

Subject of the case

Grounds

Operative part



Parties

++++

IN CASE 36/64 R

SOCIETE RHENANE D' EXPLOITATION ET DE MANUTENTION ' SOREMA ', A LIMITED LIABILITY COMPANY HAVING ITS REGISTERED OFFICE IN STRASBOURG, 11 RUE FISCHART, REPRESENTED BY ITS MANAGERS AND BY R . GARON, ADVOCATE OF THE STRASBOURG BAR, 8 RUE DU MARCHE, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF CHARLES TURK, ADVOCATE AT THE COURT OF LUXEMBOURG, 6 RUE BRASSEUR,

APPLICANT,

V

HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY, LUXEMBOURG, REPRESENTED BY ITS AGENTS, MESSRS . MATTHIES AND OLIVIER, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT ITS OFFICES, 2 PLACE DE METZ,

DEFENDANT,

Subject of the case

APPLICATION TO SUSPEND THE OPERATION OF DECISION NO 15/64 OF 15 JULY 1964 OF THE HIGH AUTHORITY, CONTESTED IN THE MAIN APPLICATION .

Grounds

WHEREAS THE APPLICANT HAS ALLEGED THAT THE EXECUTION OF DECISION NO 15/64 OF 15 JULY 1964 WOULD INVOLVE IRREPARABLE DAMAGE FOR IT;

WHEREAS, NONETHELESS, THE CIRCUMSTANCES FOLLOWING UPON THE JUDGMENT IN CASE 67/63 OF 19 MARCH 1964 AND IN PARTICULAR THE ATTITUDE ADOPTED BY OKU DO NOT APPEAR TO JUSTIFY THIS ALLEGATION;

WHEREAS THE APPLICANT HAS NOT PUT FORWARD FACTS OR ARGUMENTS CAPABLE OF INVALIDATING THIS FINDING;

WHEREAS CONSEQUENTLY THE CONDITIONS NECESSARY FOR THE GRANT OF A SUSPENSION OF THE OPERATION OF THE DECISION HAVE NOT BEEN MET;

WHEREAS, THEREFORE, THE APPLICATION FOR SUSPENSION MUST BE DISMISSED;

Operative part

THE PRESIDENT OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES

HEREBY ORDERS :

1 . THE APPLICATION IS DISMISSED .

2 . THE COSTS ARE RESERVED .
Order of the Court (First Chamber) of 18 April 1975. - Europemballage Corporation and Continental Can Company Inc. v Commission of the European Communities. - Case 6-72.



European Court reports 1975 Page 00495



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Parties

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IN CASE 6/72,

EUROPEMBALLAGE CORPORATION, BRUSSELS, AND CONTINENTAL CAN COMPANY INC ., NEW YORK, USA, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF GEORGES REUTER, 7 AVENUE DE L'ARSENAL, APPLICANTS,

V

COMMISSION OF THE EUROPEAN COMMUNITIES, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICES OF ITS LEGAL ADVISER EMILE REUTER, 4 BOULEVARD ROYAL, DEFENDANT,

Grounds

1 UNDER THE TERMS OF ARTICLE 73 ( B ) OF THE RULES OF PROCEDURE OF THE COURT, 'THE FOLLOWING SHALL BE REGARDED AS RECOVERABLE COSTS ... EXPENSES NECESSARILY INCURRED BY THE PARTIES FOR THE PURPOSES OF THE PROCEEDINGS, IN PARTICULAR ... THE REMUNERATION OF AGENTS, ADVISERS OR LAWYERS '.

2 AS COMMUNITY LAW CONTAINS NO PROVISIONS AS TO SCALE FEES, THE COURT MUST BE FREE TO CONSIDER THE FACTS OF THE CASE, TAKING INTO ACCOUNT THE OBJECT AND NATURE OF THE ACTION, ITS IMPORTANCE FROM THE POINT OF VIEW OF COMMUNITY LAW AND THE DIFFICULTY OF THE CASE .

3 SINCE, UNDER THE SECOND PARAGRAPH OF ARTICLE 17 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC, ONLY LAWYERS ENTITLED TO PRACTISE BEFORE A COURT OF A MEMBER STATE MAY REPRESENT PARTIES OTHER THAN THE STATES AND THE INSTITUTIONS OF THE COMMUNITY BEFORE THE COURT OF JUSTICE, THE FIXING BY THE COURT OF THE COSTS RECOVERABLE UNDER ARTICLE 73 OF THE RULES OF PROCEDURE MUST BE EFFECTED ON THE BASIS OF THE NATIONAL CURRENCIES OF THE MEMBER STATES .

4 IN VIEW OF ALL THESE FACTORS, THE COSTS TO BE RECOVERED BY WAY OF LAWYERS' REMUNERATION IN THIS INSTANCE MUST BE FIXED AT .... DM, THAT SUM TO INCLUDE THE AMOUNT ALREADY PAID .

5 AS THE RIGHT OF THE APPLICANTS TO RECOVERY OF THE WHOLE OF THAT SUM HAS ITS LEGAL BASIS IN THE ORDER FIXING THE SUM, THE REQUEST AS TO DEFAULT INTEREST FROM 21 FEBRUARY 1973 MUST BE REJECTED .

6 IN ACCORDANCE WITH THEIR APPLICATION AND THE TERMS OF ARTICLE 74 ( 2 ) OF THE RULES OF PROCEDURE, THE APPLICANTS SHALL RECEIVE AN AUTHENTICATED COPY OF THIS ORDER .

ON THOSE GROUNDS,

Operative part

THE COURT ( FIRST CHAMBER )

HEREBY ORDERS :

1 . THE COSTS PAYABLE BY THE DEFENDANT TO THE APPLICANTS IS FIXED AT THE SUM OF DM ....;

2 . AN AUTHENTICATED COPY OF THIS ORDER SHALL BE FORWARDED TO THE APPLICANTS .
Order of the Court of 2 March 1977. - National Carbonising Company Limited v Commission of the European Communities. - Joined cases 109 and 114-75.



European Court reports 1977 Page 00381



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Parties

IN JOINED CASES 109 AND 114/75

NATIONAL CARBONISING COMPANY LIMITED , MANSFIELD

AGAINST

COMMISSION OF THE EUROPEAN COMMUNITIES

NATIONAL COAL BOARD , INTERVENING

UNITED KINGDOM , INTERVENING

Grounds

BY LETTER OF 28 JANUARY 1977 THE APPLICANT ASKS TO BE ALLOWED TO WITHDRAW ITS APPLICATIONS TO THE COURT . THIS REQUEST HAS BEEN SERVED ON THE DEFENDANT AND THE INTERVENING PARTIES WHO HAVE INFORMED THE COURT THAT THEY HAVE NO OBJECTION TO SUCH WITHDRAWAL . NONE OF THE PARTIES SEEK AN ORDER AS TO COSTS .

PURSUANT THEREFORE TO ARTICLE 78 OF THE RULES OF PROCEDURE OF THE COURT THE COURT SHOULD ORDER THAT JOINED CASES 109 AND 114/75 BE REMOVED FROM THE COURT REGISTER .

Operative part

THE COURT

COMPOSED OF : H . KUTSCHER , PRESIDENT , A . M . DONNER AND P . PESCATORE , PRESIDENTS OF CHAMBERS , J . MERTENS DE WILMARS , M . SORENSEN , LORD MACKENZIE STUART , A . O ' KEEFFE , G . BOSCO AND A . TOUFFAIT , JUDGES ,

ADVOCATE-GENERAL : H . MAYRAS

REGISTRAR : A . VAN HOUTTE

ORDERS :

JOINED CASES 109 AND 114/75 SHALL BE REMOVED FROM THE COURT REGISTER .
Order of the President of the Court of 31 July 1980. - Maria Grazia Carbognani and Marisa Coda Zabetta v Commission of the European Communities. - Joined cases 161/80 and 162/80 R.



European Court reports 1980 Page 02655



Parties

Subject of the case

Grounds

Operative part



Parties

IN JOINED CASES 161 AND 162/80 R

MARIA GRAZIA CARBOGNANI AND MARISA CODA ZABETTA , OFFICIALS OF THE COMMISSION OF THE EUROPEAN COMMUNITIES EMPLOYED AT THE INFORMATION OFFICE , ROME , REPRESENTED BY BLANCHE MOUTRIER , OF THE LUXEMBOURG BAR , RESIDING AT 11A AVENUE DE LA PORTE-NEUVE , LUXEMBOURG ,

APPLICANTS ,

V

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY JORN PIPKORN , 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 ITS LEGAL ADVISER , MARIO CERVINO , JEAN MONNET BUILDING ,

DEFENDANT ,

Subject of the case

APPLICATION TO SUSPEND THE OPERATION OF DECISIONS BY WHICH THE COMMISSION ORDERED THE APPLICANTS TO BE TRANSFERRED FROM THE ROME OFFICE TO THE BRUSSELS OFFICE ,

Grounds

11 IT APPEARS UNNECESSARY AT THIS STAGE TO ADJUDICATE ON THE APPLICATIONS FOR THE ADOPTION OF INTERIM MEASURES . WHATEVER DESCRIPTION IS TO BE APPLIED IN REGARD TO ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS TO THE LETTERS OF 17 DECEMBER 1979 AND THE SIMULTANEOUS PUBLICATION OF AN INVITATION FOR APPLICATIONS , IT IS NEVERTHELESS CLEAR FROM THE STATEMENTS MADE BY THE COMMISSION IN ITS WRITTEN OBSERVATIONS AND CONFIRMED DURING THE ORAL PROCEDURE THAT THE COMMISSION DOES NOT INTEND TO TAKE ANY ACTION ON THE INTENTION EVINCED IN THE SAID LETTERS UNTIL IT HAS ADOPTED FORMAL ' ' RE-ASSIGNMENT DECISIONS ' ' WITH REGARD TO THE APPLICANTS , AND IT IS AGREED THAT SUCH DECISIONS WILL ALLOW A REASONABLE PERIOD FOR THEIR IMPLEMENTATION , THUS ENABLING THE APPLICANTS TO TAKE ADVANTAGE OF THE RIGHT UNDER THE STAFF REGULATIONS TO LODGE A COMPLAINT AND MAKE AN APPLICATION TO THE COURT .

12 IT IS THEREFORE SUFFICIENT TO TAKE COGNIZANCE OF THE COMMISSION ' S STATEMENTS AND TO DECLARE THAT THE PURPOSE OF THE APPLICATIONS FOR THE ADOPTION OF INTERIM MEASURES HAS FOR THE MOMENT BEEN ACHIEVED INASMUCH AS THE APPLICANTS MAY BE ASSURED THAT UNTIL THE COMMISSION MAKES A SUBSEQUENT DECISION IN WHATEVER FORM IT DECIDES UPON , THE LETTERS OF 17 DECEMBER 1979 WILL NOT BE FOLLOWED BY POSITIVE ACTION . IT FOLLOWS THEREFORE THAT THE APPLICATIONS FOR THE ADOPTION OF INTERIM MEASURES HAVE LOST THEIR PURPOSE .

Operative part

ON THOSE GROUNDS ,

THE JUDGE ACTING AS PRESIDENT OF THE COURT IN PURSUANCE OF ARTICLE 96 ( 1 ), THE SECOND PARAGRAPH OF ARTICLE 85 AND THE SECOND PARAGRAPH OF ARTICLE 11 OF THE RULES OF PROCEDURE

HEREBY ORDERS AS FOLLOWS :

1 . IT IS UNNECESSARY TO ADJUDICATE UPON THE APPLICATION .

2 . COSTS ARE RESERVED .
Keywords



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - APPOINTMENT OF A TECHNICAL EXPERT

( EAEC TREATY , ART . 158 ; STATUTE OF THE COURT OF JUSTICE OF THE EAEC , ART . 37 ; RULES OF PROCEDURE , ART . 83 ( 2 ))
Order of the Court of 9 February 1982. - CO.DE.MI. SpA v Commission of Euratom. - Application by the President of the Tribunale, Varese, for the enforcement of an order previously made by him. - Case 229/81.



European Court reports 1982 Page 00377



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 .
Order of the Court (Second Chamber) of 26 February 1981. - C.J. Farrall v Commission of the European Communities. - Case 10/81 R.



European Court reports 1981 Page 00717



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Parties

IN CASE 10/81

C . J . FARRALL

AGAINST

COMMISSION OF THE EUROPEAN COMMUNITIES

Grounds

ON 19 JANUARY 1981 MR FARRALL , A FORMER OFFICIAL OF THE COMMISSION OF THE EUROPEAN COMMUNITIES , LODGED , WITHOUT BEING REPRESENTED BY A LAWYER , AN APPLICATION CLAIMING THAT THE COURT SHOULD :

1 . ( 1 ) ANNUL THE DEFENDANT ' S IMPLIED DECISION REJECTING THE APPLICANT ' S COMPLAINT UNDER ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS ;

( 2 ) DECLARE THAT THE DEFENDANT HAS INFRINGED ARTICLE 12 OF ANNEX VIII TO THE STAFF REGULATIONS ;

( 3 ) ORDER THE DEFENDANT TO PAY TO THE APPLICANT :

( A ) DEFAULT INTEREST IN RESPECT OF THE DELAY IN PAYMENT OF THE APPLICANT ' S SEVERANCE GRANT , AMOUNTING TO BFR 632 225 , SUCH INTEREST TO BE CALCULATED FROM 1 SEPTEMBER 1979 TO 21 JANUARY 1980 AT A RATE COMMENSURATE WITH THE PREVAILING UNITED KINGDOM BANK RATE DURING THAT PERIOD , OR AT SUCH RATE AS THE COURT SHALL DECIDE ;

( B ) COMPENSATION FOR THE LOSS SUFFERED BY THE APPLICANT THROUGH BEING UNABLE BETWEEN 1 SEPTEMBER 1979 AND 21 JANUARY 1980 TO COMMIT HIMSELF TO THE PURCHASE OF A DWELLING-HOUSE IN THE UNITED KINGDOM , CALCULATED AT BFR 39 450 IN ACCORDANCE WITH A RISE OF 6.24% IN THE UNITED KINGDOM RETAIL PRICE INDEX BETWEEN AUGUST 1979 AND JANUARY 1980 ;

( C ) INTEREST ON THE AMOUNTS AWARDED AT ( A ) AND ( B ) ABOVE CALCULATED FROM 21 JANUARY 1980 TO THE DATE OF THE COURT ' S ORDER ;

( D ) EXEMPLARY DAMAGES OF BFR 1 ;

ALTERNATIVELY , MAKE SUCH OTHER OR FURTHER ORDERS AS SEEM EQUITABLE IN ALL THE CIRCUMSTANCES OF THE CASE ;

2 . ORDER THE DEFENDANT TO PAY THE COSTS .

BY A SEPARATE DOCUMENT LODGED ON THE SAME DATE , MR FARRALL MADE , ALSO WITHOUT BEING REPRESENTED BY A LAWYER , AN APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE AND AN APPLICATION FOR LEGAL AID .

BY A LETTER OF 22 JANUARY 1981 THE REGISTRAR REQUESTED MR FARRALL , IN PURSUANCE OF ARTICLE 38 ( 7 ) OF THE RULES OF PROCEDURE , TO PUT HIS APPLICATIONS IN ORDER BY CAUSING THEM TO BE LODGED BY A LAWYER .

BY A LETTER OF 9 FEBRUARY 1981 MR FARRALL REPLIED THAT IT WAS IMPOSSIBLE FOR HIM TO COMPLY WITH THAT REQUIREMENT .

AS MR FARRALL HAS NOT TAKEN THE OPPORTUNITY TO PUT HIS APPLICATIONS IN ORDER THEY SHOULD BE DECLARED INADMISSIBLE AND REMOVED FROM THE COURT ' S REGISTER .

Operative part

THE COURT ( SECOND CHAMBER ),

COMPOSED OF : P . PESCATORE , PRESIDENT OF CHAMBER , O . DUE AND A . CHLOROS , JUDGES ,

ADVOCATE GENERAL : G . REISCHL

REGISTRAR : A . VAN HOUTTE

HEREBY ORDERS AS FOLLOWS :

1 . THE MAIN APPLICATION , THE APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE AND THE APPLICATION FOR LEGAL AID ARE INADMISSIBLE .

2 . THE CASE IS REMOVED FROM THE COURT ' S REGISTER .
Keywords



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - INTERIM MEASURES - POWERS OF THE COURT ON HEARING SUCH APPLICATION

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



Keywords

PROCEDURE - INTERVENTION - NON-MEMBER COUNTRY - PERMISSION TO INTERVENE - CONDITIONS

( STATUTE OF THE COURT OF JUSTICE OF THE EEC , ART . 37 , SECOND PARAGRAPH )
Keywords

Summary



Keywords

PROCEDURE - APPLICATION FOR LEGAL AID - MANIFEST LACK OF JURISDICTION OF THE COURT TO TAKE COGNIZANCE OF THE PROPOSED ACTION - APPLICATION FOR LEGAL AID DECLARED , BY REASONED ORDER , TO BE INADMISSIBLE .

( RULES OF PROCEDURE , ART 92 ( 1 ))

Summary

IT IS APPROPRIATE TO APPLY ARTICLE 92 ( 1 ) OF THE RULES OF PROCEDURE IN CONNECTION WITH A PRELIMINARY APPLICATION FOR LEGAL AID MADE IN ORDER TO ENABLE AN ACTION TO BE BROUGHT FOR WHICH THE COURT MANIFEST LACKS JURISDICTION . IN SUCH CIRCUMSTANCES , THE COURT MAY DECLARE THE APPLICATION INADMISSIBLE WITHOUT FIRST HAVING TO CONSIDER THE OBSERVATIONS OF THE OPPOSITE PARTY .

SUCH IS THE CASE WITH REGARD TO THE PROPOSED ACTION TO WHICH THE APPLICATION FOR LEGAL AID RELATES , SINCE THAT ACTION CLEARLY DOES NOT IN ANY RESPECT FALL WITHIN THE SCOPE OF ANY OF THE REMEDIES EXHAUSTIVELY DEFINED IN THE TREATIES AND HAS NO CONNECTION OF ANY KIND WITH COMMUNITY LAW .
Keywords



Keywords

CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS - PROTOCOL ON THE INTERPRETATION BY THE COURT OF JUSTICE OF THE CONVENTION - NATIONAL COURTS WHICH MAY REQUEST THE COURT OF JUSTICE TO GIVE A PRELIMINARY RULING - COURTS SITTING ' ' IN AN APPELLATE CAPACITY ' ' - CONCEPT - ITALIAN COURT SITTING IN PROCEEDINGS AT FIRST INSTANCE BROUGHT AGAINST A PAYMENT ORDER MADE UNDER A SUMMARY PROCEDURE - EXCLUSION

( PROTOCOL OF 3 JUNE 1971 , ART . 2 ( 2 ))
Keywords

Summary



Keywords

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

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

Summary

THE ADOPTION OF INTERIM MEASURES TO SUSPEND THE OPERATION OF A MEASURE IS NOT CONSIDERED UNLESS THE FACTUAL AND LEGAL CIRCUMSTANCES RELIED UPON TO OBTAIN THEM ESTABLISH A PRIMA FACIE CASE FOR GRANTING THEM . IN ADDITION THERE MUST BE URGENCY IN THE SENSE THAT IT IS NECESSARY FOR THE MEASURES TO BE ISSUED 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

CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - PROTOCOL ON THE INTERPRETATION BY THE COURT OF JUSTICE OF THE CONVENTION - NATIONAL COURTS ENTITLED TO REQUEST THE COURT OF JUSTICE TO GIVE PRELIMINARY RULINGS - COURT TO WHICH APPLICATION HAS BEEN MADE FOR ENFORCEMENT - NOT ENTITLED

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 32 ; PROTOCOL OF 3 JUNE 1971 , ART . 2 ; RULES OF PROCEDURE , ARTS 92 ( 1 ) AND 103 ( 2 ))
Keywords

Summary



Keywords

APPLICATION FOR INTERIM MEASURES - SUSPENSION OF OPERATION OF A MEASURE - INTERIM MEASURES - CONDITIONS FOR GRANTING - WEIGHING UP ALL THE INTERESTS CONCERNED

( EEC TREATY , ARTS 185 AND 186 ; RULES OF PROECEDURE , ART . 83 ( 2 ))

Summary

SUSPENSION OF OPERATION AND OTHER INTERIM MEASURES CANNOT BE CONSIDERED UNLESS THE FACTUAL AND LEGAL CIRCUMSTANCES RELIED UPON TO OBTAIN THEM ESTABLISH A PRIMA FACIE CASE FOR GRANTING THEM . IN ADDITION THERE MUST BE URGENCY IN THE SENSE THAT IT IS NECESSARY FOR THE MEASURES TO BE ISSUED 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

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - INTERIM MEASURES - CONDITIONS FOR GRANTING - BALANCING OF ALL THE INTERESTS CONCERNED

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



Keywords

1 . APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - AMENDMENT OF THE APPLICATION - WHETHER PERMISSIBLE - CONDITIONS

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

2 . INTERNATIONAL AGREEMENTS - COOPERATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE KINGDOM OF THAILAND ON MANIOC PRODUCTION - IMPORT ARRANGEMENTS - CONDITIONS FOR THE ISSUE OF EXPORT CERTIFICATES BY THE THAI AUTHORITIES

( COOPERATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE KINGDOM OF THAILAND ON MANIOC PRODUCTION ; COMMISSION REGULATION ( EEC ) NO 3675/83 , ART . 4 ( 2 ), AS AMENDED BY REGULATION ( EEC ) NO 3283/84 )

3 . OWN RESOURCES OF THE EUROPEAN COMMUNITIES - REPAYMENT OF IMPORT DUTIES - ARTICLE 13 OF REGULATION ( EEC ) NO 1430/79 - WHEN APPLICABLE

( COUNCIL REGULATION ( EEC ) NO 1430/79 , ART . 13 , AS AMENDED BY REGULATION ( EEC ) NO 1672/82 )
Keywords



Keywords

1 . APPLICATION FOR INTERIM MEASURES - CONDITIONS OF ADMISSIBILITY - ADMISSIBILITY OF MAIN APPLICATION - NOT RELEVANT

( ECSC TREATY , ART . 39 ; RULES OF PROCEDURE , ART . 83 ( 1 ))

2 . APPLICATION FOR INTERIM MEASURES - INTERIM MEASURES - CONDITIONS FOR GRANTING - GROUNDS ESTABLISHING A PRIMA FACIE CASE - SERIOUS AND IRREPARABLE DAMAGE

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



Keywords

APPLICATION FOR INTERIM MEASURES - SUSPENSION OF OPERATION OF A MEASURE - CONDITIONS FOR GRANTING - SERIOUS AND IRREPARABLE DAMAGE

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

Summary



Keywords

++++

OFFICIALS - APPLICATIONS TO THE COURT - PRIOR COMPLAINT THROUGH ADMINISTRATIVE CHANNELS - TIME-LIMITS - EXPIRED - REOPENING - CONDITIONS - NEW ELEMENT OF FACT

( STAFF REGULATIONS OF OFFICIALS, ARTS 90 AND 91 )

Summary

ALTHOUGH UNDER ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS ANY OFFICIAL MAY REQUEST THE APPOINTING AUTHORITY TO TAKE A DECISION RELATING TO HIM, THAT RIGHT DOES NOT ALLOW AN OFFICIAL TO EVADE THE TIME-LIMITS LAID DOWN IN ARTICLES 90 AND 91 FOR THE LODGING OF A COMPLAINT AND AN ACTION BY INDIRECTLY CALLING IN QUESTION BY MEANS OF A REQUEST A PREVIOUS DECISION WHICH WAS NOT CHALLENGED WITHIN THE PRESCRIBED PERIOD . ONLY THE EXISTENCE OF SUBSTANTIAL NEW FACTS MAY JUSTIFY THE SUBMISSION OF A REQUEST FOR THE REVIEW OF SUCH A DECISION .

WHERE THE APPLICANT DID NOT TAKE ADVANTAGE WITHIN THE PRESCRIBED PERIOD OF THE POSSIBILITY MADE AVAILABLE BY THE ADMINISTRATION OF SUBMITTING A REQUEST FOR REGRADING, THE FACT THAT SOME OF HIS COLLEAGUES WERE REGRADED CANNOT BE REGARDED AS A NEW ELEMENT OF FACT .
Keywords



Keywords

1 . OFFICIALS - ACTION - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - OBLIGATORY - PERSONS SEEKING A POST IN THE COMMUNITY CIVIL SERVICE

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

2 . OFFICIALS - ACTION - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - COMPLAINT NOT YET REJECTED - ACTION INADMISSIBLE

( STAFF REGULATIONS OF OFFICIALS , ART . 91 ( 2 ))

3 . PROCEDURE - COSTS - ARTICLE 70 OF THE RULES OF PROCEDURE - SCOPE RATIONE PERSONAE

( RULES OF PROCEDURE , ART . 70 )
Keywords

Summary



Keywords

++++

ACTIONS FOR ANNULMENT - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - REGULATION IMPOSING ANTI-DUMPING DUTIES - SOLE IMPORTER

( EEC TREATY, ART . 173, SECOND PARAGRAPH; COUNCIL REGULATION NO 2176/84, ART.*2 ( 8 ); COMMISSION REGULATION NO 3019/86 )

Summary

A SOLE IMPORTER IN A MEMBER STATE OF PRODUCTS ON WHICH ANTI-DUMPING DUTIES ARE IMPOSED WHICH IS NOT ASSOCIATED WITH THE EXPORTER AND WHOSE RESALE PRICES WERE NOT TAKEN INTO ACCOUNT IN CALCULATING THE DUMPING MARGIN DOES NOT FALL WITHIN THE CATEGORY OF TRADERS WHO ARE ENTITLED TO BRING PROCEEDINGS DIRECTLY BEFORE THE COURT FOR THE ANNULMENT OF THE REGULATION IMPOSING THE DUTIES, EVEN IF IT TOOK PART IN THE SUCCESSIVE STAGES OF THE INVESTIGATION WHICH PRECEDED THE ADOPTION OF THAT REGULATION .
Order of the Court of 16 December 1987. - Commission of the European Communities v Italian Republic. - Removal from the register. - Case 11/86.



European Court reports 1987 Page 05337



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Grounds

Operative part



Parties

++++

IN CASE 11/86,

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,

APPLICANT,

V

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,

DEFENDANT,

APPLICATION FOR A DECLARATION THAT BY REFUSING TO APPLY CERTAIN PROVISIONS OF COMMISSION DECISION 85/403/EEC OF 19 JUNE 1985 AMENDING DECISION 85/341/EEC CONCERNING CERTAIN PROTECTIVE MEASURES AGAINST AFRICAN SWINE FEVER IN BELGIUM AND, IN PARTICULAR, BY INSTRUCTING VETERINARY HEALTH INSPECTION AUTHORITIES NOT TO ADMIT THE PIGMEAT PRODUCTS REFERRED TO IN ARTICLE 3 ( 2 ) ( D ) ( II ) OF DECISION 85/403/EEC, THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY,

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

IN A DOCUMENT 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 THE PARTIES TO BEAR THEIR OWN COSTS .

BY A TELEX MESSAGE RECEIVED AT THE COURT REGISTRY ON 26 NOVEMBER 1987, THE DEFENDANT TOOK NOTE OF THE DISCONTINUANCE AND RAISED NO OBJECTION TO THE PARTIES' BEARING THEIR OWN COSTS .

Operative part

ON THOSE GROUNDS,

THE COURT

HEREBY ORDERS AS FOLLOWS :

( 1 ) CASE 11/86 IS REMOVED FROM THE REGISTER OF THE COURT;

( 2 ) THE PARTIES ARE ORDERED TO BEAR THEIR OWN COSTS .

LUXEMBOURG 16 DECEMBER 1987 .
Keywords



Keywords

++++

APPLICATION FOR INTERIM MEASURES - INTERIM MEASURES - POWERS OF THE PRESIDENT UNDER ARTICLE 84 ( 2 ) OF THE RULES OF PROCEDURE

( EEC TREATY, ART . 186; RULES OF PROCEDURE, ART . 84 ( 2 )*)
Keywords



Keywords

++++

OFFICIALS - ACTIONS - INTEREST IN BRINGING ONE - NONE - INADMISSIBLE

( STAFF REGULATIONS OF OFFICIALS, ARTS 90 AND 91 )