ddrg/super_eurlex huggingface dataset:
25

Unlike the family members of the Union citizen, as defined in Article 2(2) of Directive 2004/38, the ‘other family members’ of that citizen, within the meaning of point (a) of the first subparagraph of Article 3(2) of that directive, do not have a right of entry and residence in the host Member State of that citizen, but rather the possibility of being granted such a right, as stated in recital 6 of that directive, ‘taking into consideration their relationship with the Union citizen or any other circumstances, such as their financial or physical dependence on the Union citizen’. To that end, those ‘other family members’ enjoy procedural guarantees, under the second paragraph of Article 3(2) of that directive, namely to obtain a decision on their application for entry and residence, which must be based on an extensive examination of their personal situation and take account of all the particular circumstances of that situation, and which, in the event of refusal, must be justified by reasons (see, to that effect, judgments of 5 September 2012, Rahman and Others, C‑83/11, EU:C:2012:519, paragraphs 19 to 22, and of 26 March 2019, SM (Child placed under Algerian kafala), C‑129/18, EU:C:2019:248, paragraph 62).
Order of the Court of 24 November 1955. - Association des Utilisateurs de Charbon du Grand-Duché de Luxembourg v High Authority of the European Coal and Steel Community. - Joined cases 8-54 and 10-54.



European Court reports

French edition Page 00193

Dutch edition Page 00203

German edition Page 00191

Italian edition Page 00189

English special edition Page 00241



Parties

Grounds

Operative part



Parties

++++

HAVING REGARD TO THE APPLICATION SUBMITTED BY THE LUXEMBOURG GOVERNMENT ON 30 SEPTEMBER 1955 TO INTERVENE IN THE ACTIONS PENDING BEFORE THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES

BETWEEN

ASSOCIATION DES UTILISATEURS DE CHARBON DU GRAND-DUCHE DE LUXEMBOURG

AND

HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY

( JOINED CASES 8 AND 10/54 );

Grounds

HAVING REGARD TO THE WRITTEN OBSERVATIONS AND CONCLUSIONS SUBMITTED ON 24 OCTOBER 1955 BY THE HIGH AUTHORITY, THE DEFENDANT IN THE MAIN ACTION;

HAVING REGARD TO THE WRITTEN OBSERVATIONS AND CONCLUSIONS SUBMITTED ON THE SAME DATE BY THE ASSOCIATION DES UTILISATEURS DE CHARBON DU GRAND-DUCHE DE LUXEMBOURG, THE APPLICANT IN THE MAIN ACTION;

UPON HEARING THE PARTIES;

UPON HEARING THE OPINION OF THE ADVOCATE GENERAL;

WHEREAS THE FIRST PARAGRAPH OF ARTICLE 34 OF THE STATUTE OF THE COURT OF JUSTICE OF THE ECSC PROVIDES THAT NATURAL OR LEGAL PERSONS ESTABLISHING AN INTEREST IN THE RESULT OF ANY CASE SUBMITTED TO THE COURT MAY INTERVENE IN THAT CASE;

WHEREAS THE SECOND PARAGRAPH OF THE ABOVE-MENTIONED ARTICLE SPECIFIES THAT SUBMISSIONS MADE IN AN APPLICATION TO INTERVENE SHALL BE LIMITED TO SUPPORTING OR REQUESTING THE REJECTION OF THE SUBMISSIONS OF ONE OF THE PARTIES;

WHEREAS THE INTEREST OF THE LUXEMBOURG GOVERNMENT IN INTERVENING IN THE CASE IS INCONTESTABLE AND HAS NOT BEEN CONTESTED;

WHEREAS THE SUBMISSIONS MADE IN THE APPLICATION TO INTERVENE REQUEST ONLY THAT THE APPLICATION LODGED BY THE ASSOCIATION DES UTILISATEURS DE CHARBON DU GRAND-DUCHE DE LUXEMBOURG SHOULD BE DISMISSED AND THEREFORE COMPLY WITH THE PROVISIONS OF THE SECOND PARAGRAPH OF ARTICLE 34 OF THE STATUTE OF THE COURT OF JUSTICE OF THE ECSC;

Operative part

THE COURT

COMPOSED OF : M . PILOTTI, PRESIDENT, L . DELVAUX AND A . VAN KLEFFENS ( PRESIDENTS OF CHAMBERS ), P . J . S . SERRARENS, O . RIESE, J . RUEFF, CH . L . HAMMES, JUDGES,

ADVOCATE GENERAL : K . ROEMER

REGISTRAR : A . VAN HOUTTE

HEREBY ORDERS :

THE LUXEMBOURG GOVERNMENT IS GIVEN LEAVE TO INTERVENE .

THE EXAMINATION OF THE SUBMISSIONS AND ARGUMENTS PUT FORWARD IN THE APPLICATION TO INTERVENE AND OF THEIR ADMISSIBILITY IS RESERVED FOR THE FINAL JUDGMENT .

THE COSTS ARE RESERVED .
Order of the Court of 18 February 1960. - De Gezamenlijke Steenkolenmijnen in Limburg v High Authority of the European Coal and Steel Community. - Case 30-59.



European Court reports

French edition Page 00091

Dutch edition Page 00093

German edition Page 00099

Italian edition Page 00089

English special edition Page 00048

Spanish special edition Page 00049



Parties

Grounds

Operative part



Parties

++++

IN CASE 30/59

HAVING REGARD TO THE APPLICATION MADE BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY ON 14 DECEMBER 1959 TO INTERVENE IN THE PROCEEDINGS PENDING BEFORE THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES BETWEEN

DE GEZAMENLIJKE STEENKOLENMIJNEN IN LIMBURG

AND

HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY

Grounds

HAVING REGARD TO THE WRITTEN OBSERVATIONS SUBMITTED BY THE PARTIES IN THE MAIN ACTION;

THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY HAS ESTABLISHED AN INTEREST IN THE RESULT OF THE CASE SUBMITTED TO THE COURT, PURSUANT TO THE FIRST PARAGRAPH OF ARTICLE 34 OF THE ECSC STATUTE .

THE APPLICATION TO INTERVENE IS, UNDER THE SECOND PARAGRAPH OF ARTICLE 34 OF THE ECSC STATUTE, ADMISSIBLE IF IT SEEKS TO SUPPORT OR REQUEST REJECTION OF THE SUBMISSIONS OF ONE OF THE PARTIES IN THE MAIN ACTION, THE ADMISSIBILITY OR OTHERWISE OF INTERVENTION BEING DETERMINED SOLELY BY ITS PURPOSE AND NOT BY THE NATURE OF THE SUBMISSIONS RELIED UPON BY THE INTERVENER .

THE SUBMISSION OF THE APPLICATION TO INTERVENE DOES NOT HAVE THE EFFECT OF ENTITLING THE PARTY MAKING THE APPLICATION TO INTERVENE IN THE PROCEDURE IN THE MAIN ACTION; THIS RESULT CAN BE PRODUCED ONLY THROUGH THE ORDER OF THE COURT ALLOWING THE INTERVENER TO INTERVENE .

THE INTERVENER, UNTIL HIS INTERVENTION HAS BEEN ALLOWED, MAY DRAW UP HIS APPLICATION IN A LANGUAGE OTHER THAN THAT OF THE CASE IN THE MAIN ACTION .

IT IS ONLY WHEN HIS INTERVENTION IS ALLOWED THAT, WITHOUT PREJUDICE TO THE APPLICATION OF PARAGRAPH 2 ( C ) OF ARTICLE 29 OF THE RULES OF PROCEDURE OF 3 MARCH 1959, THE INTERVENER IS OBLIGED TO USE THE LANGUAGE OF THE CASE REQUIRED IN THE MAIN ACTION .

Operative part

THE COURT

COMPOSED OF : A . M . DONNER, PRESIDENT, L . DELVAUX AND R . ROSSI, PRESIDENTS OF CHAMBERS, O . RIESE AND CH . L . HAMMES, JUDGES,

ADVOCATE-GENERAL : K . ROEMER

ASSISTANT REGISTRAR : H . J . EVERSEN

HEREBY MAKES THE FOLLOWING ORDER .

1 . THAT THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY BE ALLOWED TO INTERVENE;

2 . THAT A COPY OF EACH PLEADING BE SERVED ON THE INTERVENER BY THE REGISTRAR; 3 . THAT THE COSTS BE RESERVED .
Order of the Court (Second Chamber) of 19 November 1963. - M. Goffredo Raponi v Commission of the European Economic Community. - Case 27-63.



European Court reports

French edition Page 00291

Dutch edition Page 00309

German edition Page 00317

Italian edition Page 00289

English special edition Page 00149



Parties

Subject of the case

Grounds

Operative part



Parties

++++

IN CASE 27/63

GOFFREDO RAPONI

V

COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY

Subject of the case

APPLICATION FOR THE ANNULMENT OF THE APPOINTMENT OF MR X AS DIRECTOR OF INTERNAL AFFAIRS AT THE COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY,

Grounds

WHEREAS THE PRINCIPAL QUESTION IN THIS ACTION IS WHETHER THE APPOINTING AUTHORITY WHEN MAKING PROMOTIONS TO FILL VACANT POSTS, OR MORE PARTICULARLY, CERTAIN POSTS, HAS DISCRETIONARY POWERS AND WHETHER IT MUST STATE THE REASONS ON WHICH AN APPOINTMENT MADE BY SELECTION IS BASED,

WHEREAS THE ACTION THEREFORE RAISES PROBLEMS REGARDING THE INTERPRETATION OF THE STAFF REGULATIONS OF OFFICIALS, THE SOLUTION OF WHICH MAY BE OF FUNDAMENTAL IMPORTANCE;

Operative part

THE SECOND CHAMBER OF THE COURT OF JUSTICE

COMPOSED OF CH . L . HAMMES, PRESIDENT OF CHAMBER, R . ROSSI AND R . LECOURT, JUDGES

ADVOCATE-GENERAL : K . ROEMER

REGISTRAR : A . VAN HOUTTE

HEREBY :

REFERS THE CASE TO THE COURT .
Order of the Court of 10 June 1965. - Etablissements Consten SARL v Commission of the EEC. - Case 56-64.



European Court reports

French edition Page 00556

Dutch edition Page 00571

German edition Page 00450

Italian edition Page 00572

English special edition Page 00382



Parties

Grounds

Operative part



Parties

++++

IN CASE 56/64

SOCIETE CONSTEN, THE REGISTERED OFFICE OF WHICH IS AT COURBEVOIE ( SEINE ), FRANCE,

APPLICANT,

V

COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY,

DEFENDANT,

Grounds

WHEREAS UNDER ARTICLE 37(2 ) OF THE STATUTE OF THE COURT ANNEXED TO THE EEC TREATY ANY PERSON ESTABLISHING AN INTEREST IN THE RESULT OF ANY CASE HAS THE RIGHT TO INTERVENE IN THAT CASE;

WHEREAS THE INTEREST NECESSARY IN THIS RESPECT MUST NOT RELATE SIMPLY TO ABSTRACT LEGAL ARGUMENTS BUT TO THE ACTUAL CONCLUSIONS OF A PARTY TO THE MAIN ACTION;

WHEREAS IN THE PRESENT CASE IN CONSIDERATION OF THE IMPORTANCE OF THE CONTESTED DECISION IN RELATION TO THE OUTCOME OF THE PROCEEDINGS PENDING BEFORE THE FRENCH COURT BETWEEN THE CONSTEN AND LEISSNER COMPANIES THE ACCEPTANCE OR REJECTION OF THE CONCLUSIONS OF THE DEFENDANT CANNOT FAIL TO EXERCISE A DECISIVE INFLUENCE ON THE OUTCOME OF THE ABOVEMENTIONED CASE;

WHEREAS THEREFORE THE POSITION OF THE APPLICANT IN RELATION TO THE OUTCOME OF THE PRESENT CASE IS SUCH AS TO ESTABLISH ITS INTEREST IN INTERVENING IN SUPPORT OF THE CONCLUSIONS OF THE DEFENDANT IN ACCORDANCE WITH ARTICLE 37(2 ) OF THE STATUTE OF THE COURT OF JUSTICE OF THE EEC;

WHEREAS IT FOLLOWS FROM THE FOREGOING CONSIDERATIONS THAT THE APPLICATION TO INTERVENE MUST SUCCEED;

Operative part

1 . THE LEISSNER COMPANY IS AUTHORIZED TO INTERVENE IN CASE 56/64 . A TIME LIMIT SHALL BE FIXED FOR THE LODGING OF THE INTERVENER'S WRITTEN OBSERVATIONS IN SUPPORT OF THE CONCLUSIONS OF THE DEFENDANT;

2 . A COPY OF EACH PLEADING SHALL BE RESERVED ON THE INTERVENER BY THE REGISTRAR;

3 . THE COSTS ARE RESERVED .
Order of the President of the Court of 24 September 1965. - SpA Arturo Mondini v High Authority of the ECSC. - Case 53-65 R.



European Court reports

French edition Page 00023

Dutch edition Page 00024

German edition Page 00024

Italian edition Page 00022

English special edition Page 00017



Parties

Grounds

Operative part



Parties

++++

IN CASE 53/65 R

SPA ARTURO MONDINI, HAVING ITS REGISTERED OFFICE AT DOMEGLIARA, VERONA, REPRESENTED BY ITS SOLE DIRECTOR, ARTURO MONDINI, ASSISTED BY ENRICO AVESANI, ADVOCATE OF THE VERONA BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF GEORGES MARGUE, AVOCAT-AVOUE, 20 RUE PHILIPPE II,

APPLICANT,

V

HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY, REPRESENTED BY ITS LEGAL ADVISER, GIUSEPPE MARCHESINI, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT ITS OFFICES, 2 PLACE DE METZ,

DEFENDANT,

Grounds

WHEREAS BY AN APPLICATION LODGED AT THE COURT REGISTRY ON 25 AUGUST 1965 THE APPLICANT MADE AN APPLICATION FOR THE ANNULMENT OF THE DECISION OF THE HIGH AUTHORITY OF 21 JULY 1965, NOTIFIED ON 29 JULY, ORDERING IT TO PAY A FINE OF 2 MILLION LIRE FOR INFRINGEMENT OF THE OBLIGATION TO PUBLISH PRICE LISTS LAID DOWN IN ARTICLE 60 OF THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY;

WHEREAS ON THE SAME DATE THE APPLICANT LODGED AN APPLICATION TO SUSPEND THE OPERATION OF THE DECISION CONTESTED IN THE MAIN APPLICATION;

WHEREAS IN ITS OBSERVATIONS LODGED ON 14 SEPTEMBER 1965 THE DEFENDANT CONTENDED THAT THE APPLICATION TO SUSPEND THE OPERATION OF THE DECISION SHOULD BE DISMISSED AS INADMISSIBLE AND, AT ALL EVENTS, AS UNFOUNDED AND THAT THE DECISION AS TO COSTS SHOULD BE RESERVED FOR THE MAIN APPLICATION;

WHEREAS THE REQUIREMENTS OF ARTICLE 83(1 ) AND ( 3 ) OF THE RULES OF PROCEDURE HAVE BEEN OBSERVED IN THIS CASE AND THE APPLICATION HAS BEEN PRESENTED IN DUE FORM;

WHEREAS UNDER THE TERMS OF ARTICLE 83(2 ) OF THE RULES OF PROCEDURE OF THE COURT AN APPLICATION TO SUSPEND THE OPERATION OF ANY MEASURE ADOPTED BY AN INSTITUTION SHALL STATE THE CIRCUMSTANCES GIVING RISE TO URGENCY AND THE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE INTERIM MEASURES APPLIED FOR;

WHEREAS IN SUPPORT OF ITS APPLICATION, THE APPLICANT HAS MERELY STATED THAT, AS A RESULT OF CIRCUMSTACES AFFECTING IT IN PARTICULAR AND THE DIFFICULT POSITION OF THE ITALIAN IRON AND STEEL INDUSTRY IN GENERAL, IT HAS NEITHER LIQUID ASSETS NOR CAPITAL AVAILABLE TO PAY THE FINE AND THAT ENFORCEMENT OF THE DECISION COULD IRREPARABLY DAMAGE ITS SOLVENCY AND COMMERCIAL REPUTATION;

WHEREAS IN THE ABSENCE OF ANY EVIDENCE OR OFFER OF EVIDENCE TO THIS EFFECT SUCH ASSERTIONS CANNOT BE REGARDED AS SUFFICIENT TO ESTABLISH A PRIMA FACIE CASE FOR THE SUSPENSION OF OPERATION APPLIED FOR;

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 of 3 June 1969. - SA Chanel v Cepeha Handelsmaatschappij NV. - Reference for a preliminary ruling: Arrondissementsrechtbank Rotterdam - Netherlands. - Case 31-68.



European Court reports 1970 Page 00403



Parties

Subject of the case

Grounds

Operative part



Parties

++++

IN CASE 31/68

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE ARRONDISSEMENTSRECHTBANK, ROTTERDAM, FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

SA CHANEL, HAVING ITS REGISTERED OFFICE IN NEUILLY-SUR-SEINE ( FRANCE ),

AND

CEPEHA HANDELSMAATSCHAPPIJ NV, HAVING ITS REGISTERED OFFICE IN ROTTERDAM,

Subject of the case

ON THE INTERPRETATION OF ARTICLE 85 OF THE EEC TREATY AND THE RULES GOVERNING ITS APPLICATION,

Grounds

BY JUDGMENT OF 3 DECEMBER 1968 THE ARRONDISSEMENTSRECHTBANK, ROTTERDAM, MADE A REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY FOR A PRELIMINARY RULING ON THE INTERPRETATION OF ARTICLE 85 OF THE TREATY .

THE COURT WAS NOTIFIED BY COMMUNICATION OF 29 JANUARY 1969 FROM THE SAID COURT THAT AN APPEAL HAD BEEN LODGED AGAINST THAT JUDGMENT ON 23 JANUARY 1969 AND THAT " AS A RESULT EXECUTION OF THE JUDGMENT IS DEFERRED ".

IN THE CIRCUMSTANCES OF THE CASE AND IN VIEW OF THE ABOVE COMMUNICATION JUDGMENT MUST BE SUSPENDED .

Operative part

THE COURT

HEREBY ORDERS :

JUDGMENT IN THE PRESENT CASE IS SUSPENDED PENDING NOTIFICATION TO THE COURT THAT THE APPEAL HAS BEEN DECIDED .
Order of the Court of 14 July 1971. - Rheinmühlen-Düsseldorf v Einfuhr- und Vorratsstelle für Getreide und Futtermittel. - Reference for a preliminary ruling: Bundesfinanzhof - Germany. - Case 6-71.



European Court reports 1971 Page 00719



Parties

Subject of the case

Grounds

Operative part



Parties

++++

IN CASE 6/71

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE BUNDESFINANZHOF FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

RHEINMUEHLEN DUESSELDORF, DUESSELDORF-HOLTHAUSEN,

AND

EINFUHR - UND VORRATSSTELLE FUER GETREIDE UND FUTTERMITTEL, FRANKFURT-AM-MAIN,

Subject of the case

ON THE INTERPRETATION AND VALIDITY OF CERTAIN COMMUNITY REGULATIONS .

Grounds

1 ARTICLE 177 OF THE EEC TREATY HAS ESTABLISHED DIRECT CO-OPERATION BETWEEN THE COURT OF JUSTICE AND NATIONAL COURTS UNDER A NON-CONTENTIOUS PROCEDURE INDEPENDENT OF ANY ACTION TAKEN BY THE PERSONS REFERRED TO IN ARTICLE 20 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC, INCLUDING THE PARTIES TO THE MAIN ACTION, DURING WHICH THOSE PERSONS ARE ONLY ENTITLED TO SUBMIT WRITTEN OBSERVATIONS AND TO BE HEARD ONCE IN THE ORAL PROCEDURE .

2 THE COURT CANNOT THEREFORE BE COMPELLED AT THE REQUEST OF ONE OF THOSE PERSONS, EITHER TO TAKE COGNIZANCE OF A STATEMENT SUBMITTED AFTER THE PARTIES HAVE BEEN HEARD OR TO ORDER THE ORAL PROCEDURE TO BE RESUMED OR RE-OPENED WITHOUT PREJUDICE TO ITS POWER TO DECIDE FREELY WHETHER SUCH MEASURES ARE EXPEDIENT, HOWEVER, DOES NOT SEEM TO IT TO BE NECESSARY IN THE PRESENT CASE .

3 FOR ALL THESE REASONS, THE CONCLUSIONS OF THE PLAINTIFF IN THE MAIN ACTION AND ITS STATEMENT OF 5 JULY 1971 MUST BE CONSIDERED INADMISSIBLE .

Operative part

THE COURT

COMPOSED OF : R . LECOURT, PRESIDENT, A . M . DONNER AND A . TRABUCCHI, PRESIDENTS OF CHAMBERS, R . MONACO, J . MERTENS DE WILMARS, P . PESCATORE AND H . KUTSCHER ( RAPPORTEUR ), JUDGES,

ADVOCATE-GENERAL : A . DUTHEILLET DE LAMOTHE

REGISTRAR : A . VAN HOUTTE

MAKES THE FOLLOWING ORDER .
Order of the Court (First Chamber) of 7 December 1973. - Herbert Bruns v Commission of the European Communities. - Case 133-73.



European Court reports 1975 Page 00627



Parties

Grounds

Operative part



Parties

++++

IN CASE 133/73

HERBERT BRUNS, FORMER OFFICIAL OF THE COMMISSION OF THE EUROPEAN COMMUNITIES, RESIDING IN COLOGNE, LINDESALLEE 84, HAVING AS HIS MANDATAIRE AD LITEM ERNEST ARENDT, AVOCAT, 34B RUE PHILIPPE-II, LUXEMBOURG, IN WHOSE CHAMBERS HE HAS CHOSEN HIS ADDRESS FOR SERVICE, APPLICANT,

V

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER JUERGEN UTERMANN, ACTING AS AGENT, HAVING AN ADDRESS FOR SERVICE AT THE OFFICE OF ITS LEGAL ADVISER PIERRE LAMOUREUX, 4 BOULEVARD ROYAL, LUXEMBOURG, DEFENDANT,

Grounds

IN THE MATTER, AT THE PRESENT STAGE OF THE PROCEEDINGS, OF THE ADMISSIBILITY OF THE APPLICANT'S REQUEST, FIRST, FOR ANNULMENT OF THE DECISION OF THE DEFENDANT OF 19 MARCH 1973 REJECTING HIS COMPLAINT OF 16 OCTOBER 1972 RELATING TO THE REIMBURSEMENT OF THE SEVERANCE GRANT WHICH HAD BEEN PAID TO HIM IN 1969, AND SECONDLY, FOR THE DETERMINATION OF HIS PENSION RIGHTS UNDER ARTICLE 77 OF THE STAFF REGULATIONS .

BY A STATEMENT LODGED ON 21 JUNE 1973 THE DEFENDANT ASKED THE COURT TO DECIDE ON THE ADMISSIBILITY OF THE ACTION WITHOUT CONSIDERING THE SUBSTANCE, TO DISMISS THE ACTION AS INADMISSIBLE AND TO ORDER THE APPLICANT TO PAY THE COSTS .

BY A STATEMENT LODGED ON 21 AUGUST 1973 THE APPLICANT ASKED THE COURT TO DISMISS THE DEFENDANT'S REQUEST THAT A PRELIMINARY DECISION SHOULD BE GIVEN ON THE ADMISSIBILITY OF THE ACTION .

THE ORAL PROCEDURE ON THE OBJECTION TOOK PLACE ON 24 OCTOBER 1973 .

THE ADVOCATE-GENERAL DELIVERED HIS OPINION ON 5 DECEMBER 1973 .

IN THE PRESENT STATE OF THE PROCEEDINGS IT APPEARS DESIRABLE TO DEFER A DECISION ON THE DEFENDANT'S REQUEST UNTIL THE PROCEEDINGS ON THE SUBSTANCE HAVE BEEN CONCLUDED .

Operative part

THE COURT

COMPOSED OF : A . M . DONNER, PRESIDENT OF CHAMBER, J . MERTENS DE WILMARS AND C . O DALAIGH ( RAPPORTEUR ), JUDGES,

ADVOCATE-GENERAL : G . REISCHL

REGISTRAR : A . VAN HOUTTE

ORDERS :

1 . THE DECISION ON THE OBJECTION RAISED BY THE DEFENDANT IS RESERVED FOR THE FINAL JUDGMENT .

2 . COSTS ARE RESERVED .
Order of the President of the Second Chamber of the Court of 21 December 1976. - Jean-Jacques Charles Geist v Commission of the European Communities. - Case 61-76 R II.



European Court reports 1976 Page 02075



Parties

Subject of the case

Grounds

Operative part



Parties

IN CASE 61/76 R II

JEAN JACQUES CHARLES GEIST , AN OFFICIAL OF THE COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY MARCEL SLUSNY , ADVOCATE AT THE COUR D ' APPEL , BRUSSELS , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ERNEST ARENDT , ADVOCATE OF THE LUXEMBOURG BAR , CENTRE LOUVIGNY , 34 B/IV RUE PHILIPPE II ,

APPLICANT ,

V COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY SERGIO FABRO , A MEMBER OF THE LEGAL DEPARTMENT OF THE COMMISSION , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MARIO CERVINO , LEGAL ADVISER TO THE COMMISSION , BATIMENT CFL , 9 PLACE DE LA GARE ,

DEFENDANT ,

Subject of the case

APPLICATION FOR THE SUSPENSION OF THE OPERATION OF A DECISION TAKEN BY THE COMMISSION WHEREBY THE APPLICANT CAN DEVOTE ONLY 10 % OF HIS TIME TO HIS WORK WITH A GROUP OF EXPERTS ESTABLISHED BY THE INTERNATIONAL ATOMIC ENERGY AGENCY ( IAEA ) TO STUDY THE STATUS AND PROSPECTS OF THERMAL BREEDER REACTORS ,

Grounds

1 RECOURSE TO INTERIM MEASURES UNDER ARTICLES 83 TO 88 OF THE RULES OF PROCEDURE IS CONDITIONAL UPON ESTABLISHING THE URGENCY OF THE MEASURES REQUESTED .

2 IT IS CLEAR FROM THE FOREGOING THAT THE DECISION OF WHICH THE APPLICANT REQUESTS THE SUSPENSION WAS ALREADY IN FORCE WHEN HIS MAIN APPLICATION WAS LODGED , AND THAT AT THAT TIME THE IAEA HAD ALREADY ADOPTED DEFINITIVE MEASURES ON THE BASIS OF THE DECISION TAKEN BY THE APPLICANT ' S SUPERIORS .

3 IT IS THUS IMPOSSIBLE TO HOLD THAT THE MATTER IS URGENT .

4 IN THOSE CIRCUMSTANCES IT IS UNNECESSARY TO CONSIDER AT THIS STAGE THE OBJECTIONS RAISED BY THE COMMISSION AGAINST THE SPECIFIC GROUNDS FOR THE INTERIM MEASURE REQUESTED BY THE APPLICANT .

Operative part

ON THOSE GROUNDS ,

THE PRESIDENT OF THE SECOND CHAMBER OF THE COURT ,

BY WAY OF AN INTERIM RULING , HEREBY

ORDERS :

1 . THE APPLICATION IS DISMISSED ;

2 . THE COSTS ARE RESERVED .
Keywords



Keywords

ACTION FOR DAMAGES - ACTION BY MEMBERS OF AN OFFICIAL ' S FAMILY FOR COMPENSATION FOR THE DAMAGE SUFFERED ARISING OUT OF UNLAWFUL CONDITIONS OF EMPLOYMENT OF THE OFFICIAL - INADMISSIBILITY

( EEC TREATY , ART . 178 ; RULES OF PROCEDURE , ART . 92 ( 1 ))
Keywords

Summary



Keywords

APPLICATION FOR A DECLARATION THAT A MEMBER STATE HAS FAILED TO FULFIL ITS OBLIGATIONS - JUDGMENT OF THE COURT MAKING SUCH A DECLARATION - EFFECTS

( EEC TREATY , ARTS . 169 AND 171 )

Summary

THE FINDING IN A JUDGMENT HAVING THE FORCE OF RES JUDICATA THAT THE MEMBER STATE CONCERNED HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER COMMUNITY LAW AMOUNTS TO A PROHIBITION HAVING THE FULL FORCE OF LAW ON THE COMPETENT NATIONAL AUTHORITIES AGAINST APPLYING A NATIONAL RULE RECOGNIZED AS INCOMPATIBLE WITH THE TREATY AND , IF THE CIRCUMSTANCES SO REQUIRE , AN OBLIGATION ON THEM TO TAKE ALL APPROPRIATE MEASURES TO ENABLE COMMUNITY LAW TO BE FULLY APPLIED . IT FOLLOWS THAT BY REASON SOLELY OF THE JUDGMENT DECLARING THE MEMBER STATE TO BE IN DEFAULT , THE STATE CONCERNED IS REQUIRED TO TAKE THE NECESSARY MEASURES TO REMEDY ITS DEFAULT AND MAY NOT CREATE ANY IMPEDIMENT WHATSOEVER .