ddrg/super_eurlex huggingface dataset:
Order of the Court (First Chamber) of 14 October 1981. - Helmut Knoeppel v Commission and Council of the European Communities. - Case 618/79 A.



European Court reports 1981 Page 02387



Parties

Subject of the case

Grounds

Decision on costs

Operative part



Parties

IN CASE 618/79 A

HELMUT KNOEPPEL , RESIDING AT 16 VIA MATTEOTTI , CADREZATTE ( 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 REGULATIONS 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 .
Keywords

Summary



Keywords

PRELIMINARY RULINGS - REFERENCE TO THE COURT - NATIONAL COURT WITHIN THE MEANING OF ART . 177 OF THE TREATY - CONCEPT

( EEC TREATY , ART . 177 )

Summary

A REFERENCE CANNOT BE MADE TO THE COURT IN PURSUANCE OF ARTICLE 177 OF THE EEC TREATY EXCEPT BY A COURT OR TRIBUNAL WHICH IS CALLED UPON TO GIVE JUDGMENT IN PROCEEDINGS INTENDED TO LEAD TO A DECISION OF A JUDICIAL NATURE . THAT IS NOT THE CASE WHERE A CONSEIL DE L ' ORDRE DES AVOCATS ( BAR COUNCIL ) HAS BEFORE IT , NOT A CASE WHICH IT IS UNDER A LEGAL DUTY TO TRY , BUT A REQUEST FOR A DECLARATION RELATING TO A DISPUTE BETWEEN A MEMBER OF THE BAR AND THE COURTS OR TRIBUNALS OF ANOTHER MEMBER STATE .
Keywords



Keywords

COMPETITION - ADMINISTRATIVE PROCEDURE - TERMINATION OF INFRINGEMENTS - ADOPTION OF INTERIM MEASURES - POWERS OF THE COMMISSION

( EEC TREATY , ART . 87 ; REGULATION NO 17 OF THE COUNCIL , ART . 3 )
Order of the President of the Third Chamber of the Court of 5 February 1982. - Sven-Ole Mogensen and others v Commission of the European Communities. - Case 10/82 R.



European Court reports 1982 Page 00325



Parties

Subject of the case

Grounds

Decision on costs

Operative part



Parties

IN CASE 10/82 R

SVEN-OLE MOGENSEN , CARL WALTENBURG , LENE OEHRGAARD AND JEAN-LOUIS DELVAUX , OFFICIALS OF THE COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY JYTTE THORBEK , OF THE COPENHAGEN BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF JACQUES LOESCH , 2 RUE GOETHE ,

APPLICANTS ,

V

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY JOHANNES F . BUHL , ITS LEGAL ADVISER , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ORESTE MONTALTO , JEAN MONNET BUILDING , KIRCHBERG ,

DEFENDANT ,

Subject of the case

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES , NAMELY AN INJUNCTION PROHIBITING THE MAKING OF ANY APPOINTMENT TO THE POST OF REVISER DECLARED VACANT BY NOTICE NO COM/1144/80 UNTIL JUDGMENT IS GIVEN IN THE MAIN ACTION IN WHICH THE APPLICANTS HAVE CHALLENGED THE LAWFULNESS OF THE DECISION OF THE COMMISSION REJECTING THEIR APPLICATIONS FOR THE SAID POST ,

Grounds

1 A JUDGE BEFORE WHOM A REQUEST FOR THE ADOPTION OF INTERIM MEASURES IS BROUGHT , HAVING HEARD THE ARGUMENTS SET OUT BY THE PARTIES , MUST RESTRICT THE SCOPE OF HIS CONSIDERATION EXCLUSIVELY TO THE GROUNDS CAPABLE OF ESTABLISHING THE EXISTENCE OF URGENCY .

2 FROM THAT POINT OF VIEW IT MUST BE NOTED FIRST OF ALL THAT THE POST IN DISPUTE HAS ALREADY BEEN FILLED AND THAT , HAVING REGARD TO THE FACTS AT THE PRESENT TIME , THERE IS NO LONGER ANY REASON TO GRANT THE MEASURE REQUESTED .

3 ALTHOUGH THAT FINDING HAS NO EFFECT WHATEVER ON THE JUDGMENT TO BE GIVEN IN THE MAIN ACTION AND ON ANY CONSEQUENCES WHICH IT MAY HAVE , IT IS APPROPRIATE TO TAKE NOTE OF THE FACTUAL SITUATION AND TO DISMISS THIS APPLICATION SINCE IT IS NOW DEVOID OF PURPOSE .

Decision on costs

COSTS

4 IN THESE CIRCUMSTANCES THE COSTS MUST BE RESERVED .

Operative part

ON THOSE GROUNDS ,

THE PRESIDENT OF THE THIRD CHAMBER OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES ,

BY WAY OF INTERLOCUTORY DECISION ,

HEREBY ORDERS AS FOLLOWS :

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

2.THE COSTS ARE RESERVED .
Keywords

Summary



Keywords

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

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

Summary

THE SUSPENSION OF OPERATION OF A MEASURE AND OTHER INTERIM MEASURES WHICH THE COURT MAY ORDER MAY BE CONSIDERED ONLY IF THE FACTUAL AND LEGAL CIRCUMSTANCES RELIED UPON TO JUSTIFY THEM ESTABLISH A PRIMA FACIE CASE FOR THEIR ADOPTION . IN ADDITION THEY MUST BE URGENT IN THE SENSE THAT IT IS NECESSARY , SO AS TO AVOID GRAVE AND IRREPARABLE HARM TO THE PARTY MAKING THE APPLICATION , FOR THEM TO BE ADOPTED AND TAKE EFFECT PRIOR TO THE DECISION OF THE COURT ON THE SUBSTANTIVE ACTION ; FINALLY THEY MUST BE PROVISIONAL IN THE SENSE THAT THEY DO NOT PREJUDGE THE SUBSTANTIVE DECISION .
Order of the President of the Court of 1 February 1983. - Carlo Albertini and Mario Montagnani v Joint Nuclear Research Centre and Commission of the European Communities. - Case 338/82 R.



European Court reports 1983 Page 00145



Parties

Subject of the case

Grounds

Operative part



Keywords

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

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

Parties

IN CASE 338/82 R

CARLO ALBERTINI AND MARIO MONTAGNANI , SCIENTIFIC OFFICERS AT THE JOINT NUCLEAR RESEARCH CENTRE AT ISPRA , REPRESENTED BY ANGELO ULGHERI OF THE MILAN BAR AND ROLAND MICHEL OF THE LUXEMBOURG BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE LATTER ' S CHAMBERS , 47 AVENUE DE LA LIBERTE ,

APPLICANTS ,

V

JOINT NUCLEAR RESEARCH CENTRE , ISPRA ,

AND

COMMISSION OF THE EUROPEAN COMMUNITIES ,

DEFENDANTS ,

Subject of the case

APPLICATION FOR THE SUSPENSION OF THE OPERATION OF VARIOUS DECISIONS OF THE HEAD OF THE APPLIED MECHANICS DIVISION OF THE JOINT NUCLEAR RESEARCH CENTRE WHEREBY THE APPLICANTS WERE FORBIDDEN TO HAVE CONTACT IN THE COURSE OF THEIR DUTIES WITH CERTAIN EXTERNAL ASSOCIATES , TO TAKE PART IN A SCIENTIFIC CONFERENCE ORGANIZED BY THE UNIVERSITY OF CAIRO OR TO PUBLISH A SCIENTIFIC PAPER AT THAT CONFERENCE , AND OF AN INTERNAL MEMORANDUM RELIEVING THE APPLICANTS OF THEIR RESPONSIBILITY FOR RESEARCH INTO THE DYNAMIC BEHAVIOUR OF MATERIALS ,

Grounds

15 UNDER ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE AN APPLICATION FOR THE SUSPENSION OF A MEASURE MUST , IN THE FIRST PLACE , STATE THE CIRCUMSTANCES GIVING RISE TO URGENCY . AS FAR AS THE CLAIMS ON WHICH JUDGMENT WAS RESERVED IN THE ORDER OF 23 DECEMBER 1982 ARE CONCERNED , THE APPLICANTS HAVE FAILED TO SUPPLY ANY EVIDENCE TO THAT EFFECT .

16 IN SO FAR AS IT IS POSSIBLE TO JUDGE AT THIS EARLY STAGE , THE DECISIONS CONCERNING OUTSIDE CONTACTS DEAL WITH MINOR ISSUES OF AN ESSENTIALLY ADMINISTRATIVE NATURE IN CARRYING OUT THE RESEARCH PROGRAMMES OF THE JOINT NUCLEAR RESEARCH CENTRE . THE DECISIONS DO NOT APPEAR EITHER TO JEOPARDIZE THE GOOD MANAGEMENT OF THOSE PROGRAMMES IN THE SHORT TERM , OR TO BE LIABLE TO AFFECT IRREVERSIBLY THE RIGHTS OF THE APPLICANTS AS REGARDS THEIR EMPLOYMENT .

17 AS TO THE INTERNAL MEMORANDUM OF 10 NOVEMBER 1982 ALTERING THE DUTIES OF THE APPLICANTS , THE COMMISSION HAS CORRECTLY REMARKED THAT IF THE APPLICANTS ARE SUCCESSFUL IN THEIR ACTION THEY MAY EASILY BE REINSTATED IN THEIR PREVIOUS POSITIONS .

18 IT FOLLOWS FROM THE FOREGOING THAT SINCE THE APPLICANTS HAVE FAILED TO ESTABLISH URGENCY , THE CLAIMS ON WHICH JUDGMENT WAS RESERVED BY THE ORDER OF 23 DECEMBER 1982 MUST BE DISMISSED .

Operative part

ON THOSE GROUNDS ,

THE PRESIDENT OF THE SECOND CHAMBER , ACTING AS PRESIDENT OF THE COURT PURSUANT TO 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 . THE APPLICATIONS FOR THE SUSPENSION OF THE OPERATION OF THE DECISIONS OF THE HEAD OF THE APPLIED MECHANICS DIVISION OF THE JOINT NUCLEAR RESEARCH CENTRE OF 27 SEPTEMBER , 6 OCTOBER AND 10 NOVEMBER 1982 ARE DISMISSED .

2 . COSTS ARE RESERVED .
Keywords

Summary



Keywords

ECSC - FINES - CALCULATION - CRITERIA - MODIFICATION IN THE LIGHT OF CIRCUMSTANCES - PERMISSIBILITY

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - SUSPENSION OF OPERATION OF A DECISION IMPOSING A FINE UNDER THE ECSC TREATY - POWERS OF THE COURT WHEN CONSIDERING THE ADOPTION OF INTERIM MEASURES

( ECSC TREATY , ART . 39 )

Summary

IN THE CONTEXT OF ITS GENERAL POLICY REGARDING FINES UNDER THE ECSC TREATY THE COMMISSION IS NOT ACTING UNLAWFULLY IN MODIFYING THAT POLICY , IN PARTICULAR WITH REGARD TO THE RECOVERY OF FINES , IN THE LIGHT OF THE CIRCUMSTANCES WHICH LEAD IT TO TAKE ACTION .

THE APPROACH WHICH IT IS THUS PERSUADED TO ADOPT CANNOT , HOWEVER , PREVENT THE COURT FROM EXERCISING THE JURISDICTION RESERVED TO IT BY ARTICLE 39 OF THE ECSC TREATY TO ORDER THE APPLICATION OF A DECISION TO BE SUSPENDED IF IT CONSIDERS THAT CIRCUMSTANCES SO REQUIRE AND TO ATTACH TO ANY SUSPENSION ANY APPROPRIATE CONDITIONS , REGARD BEING HAD TO THE SPECIAL FEATURES OF EACH CASE BROUGHT BEFORE IT .
Keywords



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION- COMMISSION DECISION REFUSING THE REMISSION OF IMPORT DUTIES - CONDITIONS GOVERNING THE GRANT OF SUCH A MEASURE - PROVISION OF SECURITY

( EEC TREATY , ARTS 185 AND 186 )
Keywords



Keywords

INTERIM MEASURES - SUSPENSION OF EXECUTION - CONDITIONS FOR THE GRANT THEREOF - IRREPARABLE NATURE OF THE DAMAGE

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

Summary



Keywords

1 . OFFICIALS - ACTION - ACTION AGAINST AN INSTITUTION CONCERNING ELECTIONS TO THE STAFF COMMITTEE - WHETHER PERMISSIBLE

( EEC TREATY , ART . 179 ; STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

2 . OFFICIALS - REPRESENTATION - STAFF COMMITTEE - ELECTIONS - LEGALITY - DUTY TO REVIEW ON THE PART OF THE INSTITUTION

( STAFF REGULATIONS OF OFFICIALS , ART . 9 AND ANNEX II )

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

( EEC TREATY , ARTS 185 AND 186 )

Summary

1 . REVIEW BY THE COURT OF THE LEGALITY OF ELECTIONS TO THE STAFF COMMITTEE IS POSSIBLE WITHIN THE FRAMEWORK OF APPLICATIONS DIRECTED AGAINST THE INSTITUTIONS CONCERNED .

2 . AN INSTITUTION HAS THE POWER AND THE DUTY TO INTERVENE OF ITS OWN MOTION WHEN IT HAS DOUBTS AS TO THE LEGALITY OF ELECTIONS TO THE STAFF COMMITTEE .

3 . 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 ADOPTED 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 , THE MEASURES MUST BE PROVISIONAL IN THE SENSE THAT THEY DO NOT PREJUDGE THE DECISION ON THE SUBSTANCE OF THE CASE .
Keywords

Summary



Keywords

++++

OFFICIALS - APPLICATION - PROCEDURAL CONTEXT - ARTICLE 179 OF THE EEC TREATY AND ARTICLES 90 AND 91 OF THE STAFF REGULATIONS - OBJECT - NOT RELEVANT

( EEC TREATY, ART . 179; EAEC TREATY, ART . 152; STAFF REGULATIONS, ARTS 90 AND 91 )

Summary

ANY PROCEEDINGS BETWEEN AN OFFICIAL AND THE INSTITUTION BY WHICH HE IS EMPLOYED, EVEN IF THEY INVOLVE AN ACTION FOR COMPENSATION, FALL, WHERE THEY ORIGINATE IN THE RELATIONSHIP OF EMPLOYMENT BETWEEN THE PERSON CONCERNED AND THE INSTITUTION, UNDER ARTICLE 179 OF THE EEC TREATY ( OR ARTICLE 152 OF THE EAEC TREATY ) AND ARTICLES 90 AND 91 OF THE STAFF REGULATIONS AND, AS REGARDS IN PARTICULAR THE ADMISSIBILITY OF THE APPLICATION, OUTSIDE THE SCOPE BOTH OF THE ARTICLES OF THE CONSTITUTIVE TREATIES GOVERNING THE GENERAL CONDITIONS OF NON-CONTRACTUAL LIABILITY OF THE COMMUNITIES AND OF THE PROVISIONS OF THE STATUTES ( ECSC, EEC AND EAEC ) OF THE COURT OF JUSTICE WHICH LAY DOWN A LIMITATION PERIOD OF FIVE YEARS FOR LEGAL PROCEEDINGS .
Keywords



Keywords

++++

ACTION FOR FAILURE TO ACT - ACTION CONCERNING THE REFUSAL OF THE COMMISSION TO REVISE THE RATE OF INTEREST CHARGED TO AN UNDERTAKING WHICH HAD BEEN GRANTED TIME TO PAY A FINE - NO REQUIREMENT TO GRANT TIME FOR PAYMENT - ACTION BASED ON THE SECOND PARAGRAPH OF ARTICLE 35 OF THE ECSC TREATY - NO ALLEGATION OF MISUSE OF POWERS - INADMISSIBLE

( ECSC TREATY, ART . 35, SECOND PARAGRAPH )
Keywords

Summary



Keywords

1 . APPLICATION FOR INTERIM MEASURES - SUSPENSION OF THE OPERATION OF A DECISION - CONDITIONS FOR GRANTING SUCH SUSPENSION

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

2 . APPLICATION FOR INTERIM MEASURES - CONDITIONS FOR ADMISSIBILITY - ADMISSIBILITY OF MAIN APPLICATION - IRRELEVANT - LIMITS

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

Summary

1 . THE OPERATION OF A MEASURE MAY BE SUSPENDED ONLY IF THERE ARE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR SUCH SUSPENSION . THERE MUST ALSO BE AN URGENT NEED FOR THE SUSPENSION OF THE MEASURE , IN THE SENSE THAT IT MUST BE NECESSARY FOR THE SUSPENSION TO BE GRANTED AND TO TAKE EFFECT BEFORE JUDGMENT IS GIVEN ON THE MAIN APPLICATION IN ORDER TO AVOID SERIOUS AND IRREPARABLE DAMAGE TO THE PARTY SEEKING THE SUSPENSION .

2 . IT IS TRUE THAT IN PRINCIPLE THE ISSUE OF THE ADMISSIBILITY OF THE MAIN APPLICATION SHOULD NOT BE EXAMINED IN PROCEEDINGS RELATING TO AN APPLICATION FOR INTERIM MEASURES , BUT SHOULD BE RESERVED FOR THE EXAMINATION OF THE MAIN APPLICATION SO AS NOT TO PREJUDGE THAT APPLICATION ; HOWEVER , WHERE IT IS CONTENDED THAT THE MAIN APPLICATION FROM WHICH THE APPLICATION FOR INTERIM MEASURES IS DERIVED IS MANIFESTLY INADMISSIBLE , IT IS NECESSARY TO ESTABLISH GROUNDS FOR THE PRIMA FACIE CONCLUSION THAT THE ADMISSIBILITY OF THE MAIN APPLICATION CANNOT BE COMPLETELY RULED OUT .
Keywords

Summary



Keywords

++++

OFFICIALS - PROMOTION - REQUIRED MINIMUM PERIOD IN GRADE - COMPUTATION - STARTING POINT - ESTABLISHMENT

( STAFF REGULATIONS OF OFFICIALS, ART . 45*(1 )*)

Summary

THE MINIMUM PERIOD WHICH, UNDER ARTICLE 45 OF THE STAFF REGULATIONS, AN OFFICIAL MUST COMPLETE IN HIS GRADE BEFORE BEING ELIGIBLE FOR PROMOTION MUST BE COMPUTED, IN THE CASE OF THE FIRST PROMOTION OF AN OFFICIAL AFTER RECRUITMENT, FROM THE DATE OF THE OFFICIAL' S ESTABLISHMENT .
Keywords

Summary



Keywords

++++

APPLICATION FOR INTERIM MEASURES - SUSPENSION OF OPERATION - SUSPENSION OF THE OPERATION OF A REGULATION IMPOSING A DEFINITIVE ANTI-DUMPING DUTY - CONDITIONS FOR GRANT - SPECIAL DAMAGE - LACK OF APPRECIABLE INJURY TO THE COMMUNITY INDUSTRY

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

Summary

ALTHOUGH IT MAY BE THAT IN CERTAIN CASES IT IS NECESSARY TO SUSPEND THE IMPOSITION OF A DEFINITIVE ANTI-DUMPING DUTY IN ORDER TO PREVENT SERIOUS AND IRREPARABLE DAMAGE FROM BEING CAUSED TO THE PARTY REQUESTING SUSPENSION OF THE DUTY, THAT PARTY MUST AT LEAST ADDUCE EVIDENCE SHOWING THAT, FIRST, THE DAMAGE SUFFERED BY IT AS A RESULT OF THE IMPOSITION OF THE ANTI-DUMPING DUTY IS SPECIAL TO IT, AND SECONDLY, THE BALANCE OF THE INTERESTS AT STAKE POINTS IN ITS FAVOUR IN THE SENSE THAT THE GRANT OF THE INTERIM MEASURES REQUESTED WOULD NOT CAUSE APPRECIABLE INJURY TO THE COMMUNITY INDUSTRY .
Keywords

Summary



Keywords

++++

ANNULMENT OF MEASURES - NATURAL AND LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - REGULATION IMPOSING ANTI-DUMPING DUTIES - EXCLUSIVE IMPORTER

( EEC TREATY, ART . 173*(2 ); COUNCIL REGULATION NO 2176/84, ART . 2*(8 ); COMMISSION REGULATION NO 1043/87 )

Summary

AN EXCLUSIVE IMPORTER IN A MEMBER STATE OF PRODUCTS COVERED BY ANTI-DUMPING DUTIES WHO IS NOT ASSOCIATED WITH THE EXPORTER AND WHOSE RESALE PRICES WERE NOT TAKEN INTO ACCOUNT IN THE CALCULATION OF THE DUMPING MARGIN DOES NOT BELONG TO THE CATEGORY OF TRADERS HAVING A RIGHT TO CHALLENGE THE REGULATION IMPOSING ANTI-DUMPING DUTIES DIRECTLY BEFORE THE COURT BY MEANS OF AN ACTION FOR ANNULMENT, EVEN IF THE IMPORTER PARTICIPATED IN THE SUCCESSIVE STAGES OF THE INVESTIGATION WHICH PRECEDED THE ADOPTION OF THE REGULATION .
Keywords

Summary



Keywords

++++

1 . Officials - Actions - Act adversely affecting the applicant - Decision rejecting a complaint - Pure and simple rejection - Confirmation of act adversely affecting the applicant - Action inadmissible

( Staff Regulations, Art . 91 ( 1 ) )

2 . Officials - Actions - Act adversely affecting the applicant - Implied decision rejecting a request - Subsequent decision essentially acceding to the request - Assimilated to confirmation of act adversely affecting the applicant - Action inadmissible

( Staff Regulations, Arts 90 ( 1 ) and 91 )

Summary

1 . Every decision purely and simply rejecting a complaint, whether it be express or implied, only confirms the act or failure to act to which the complainant takes exception and is not, by itself, a decision which may be challenged .

2 . Where a request submitted by an official to the appointing authority has been rejected by an implied decision, a subsequent decision by that authority essentially acceding to the request is not a measure adversely affecting him separate from the implied decision rejecting the request .
Keywords

Summary



Keywords

++++

Action for annulment - Natural or legal persons - Acts of direct and individual concern to them - Directive prohibiting the use in livestock farming of certain substances having a hormonal action - Action brought by producers of beef and veal - Inadmissible

( EEC Treaty, Art . 173, second paragraph; Council Directive 88/146 )

Summary

Directive 88/146, prohibiting the use in livestock farming of certain substances having a hormonal action, is not of individual concern, within the meaning of the second paragraph of Article 173 of the Treaty, to producers of beef and veal . Such persons may not therefore bring an action for the annulment of that directive .
Keywords



Keywords

Applications for interim measures - Suspension of operation - Conditions for granting - Prima-facie case

( Rules of Procedure, Art . 83 ( 2 ) )
Keywords

Summary



Keywords

++++

European Communities - Institutions - Obligations - Duty to cooperate with national authorities acting to ensure respect for Community law - Implementation - Disclosure of documents and authorization of officials to give evidence - Legitimate grounds of refusal - Review by the Court

Summary

The Community institutions' duty of sincere cooperation with the judicial authorities of the Member States which are responsible for ensuring that Community law is applied and respected in the national legal system does not preclude a refusal to disclose documents or to authorize officials to give evidence where there are legitimate grounds relating to the protection of the rights of third parties or where there may be interference with the functioning and independence of the Communities . In the case of such refusal the institution concerned must provide the Court with the information required to allow it to decide whether the refusal is justified .
Keywords

Operative part



Keywords

++++

Application for interim measures - Conditions for granting - Applicant' s interest in obtaining the measure sought

( Rules of Procedure, Act . 83(2 ) )

Operative part

( 1 ) The application for interim measures is dismissed .

( 2 ) The costs are reserved .
Keywords



Keywords

++++

Application for interim measures - Interim measures - Conditions for granting - Serious and irreparable damage - Appropriateness of the measure sought - Balancing of all the interests in question

( EEC Treaty, Art . 186; Rules of Procedure, Art . 83(2 ) )
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

Summary



Keywords

++++

Appeal - Pleas in law - Incorrect assessments of the facts - Appraisal of the trend in the marks awarded in an official' s periodic reports - Manifestly inadmissible - Dismissal

(Statute of the Court of Justice of the EEC, Art. 51; Rules of Procedure, Art. 119)

Summary

An appeal based on a plea criticizing findings of facts made by the Court of First Instance with regard to the favourable or unfavourable trend in the marks awarded in an official' s periodic reports is manifestly inadmissible and must therefore be dismissed in accordance with Article 119 of the Rules of Procedure. Such findings fall outside the scope of the Court' s review since, in accordance with Article 51 of its Statute, an appeal is limited to points of law.
Keywords

Summary



Keywords

++++

1. Action for annulment - Measures open to challenge - Definition - Measures having binding legal effects - Noting by the Commission of conduct contemplated by a private association

(EEC Treaty, Art. 173)

2. Action for damages - Action brought against the Commission on the basis of a measure having no legal effect - Inadmissibility

(EEC Treaty, Art. 178 and second para. of Art. 215)

Summary

1. Only measures, the legal effects of which are binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in his legal position may the subject of an application for annulment.

That is not the position where it is clear from a press release distributed by the Commission that it confined itself on the one hand to taking formal notice of the amendments which a private association coordinating professional football at the European level proposed to make to its rules in order to facilitate the movement of professional footballers within the Community and, on the other hand, the plans envisaged in relation to the question of transfer of players, for in so doing the Commission neither adopted any unilateral decision having legal effects with regard to third parties nor entered into any contract or agreement capable of being challenged before the Court.

2. An action seeking compensation for damage caused by the alleged unlawfulness of a measure adopted by an institution is inadmissible where that measure has no legal effect.