ddrg/super_eurlex huggingface dataset:
Keywords

Summary



Keywords

OFFICIALS - APPLICATIONS TO THE COURT - ACT ADVERSELY AFFECTING OFFICIAL - CONCEPT - ACT OF APPOINTING AUTHORITY - ACTION DIRECTED AGAINST THE COMMISSION SEEKING ANNULMENT OF A COUNCIL REGULATION - INADMISSIBILITY

( EEC TREATY , ART . 179 ; STAFF REGULATIONS OF OFFICIALS , ART . 91 ( 2 ))

Summary

ACCORDING TO ARTICLE 91 ( 2 ) OF THE STAFF REGULATIONS ACTIONS BY OFFICIALS INSTITUTED UNDER ARTICLE 179 OF THE EEC TREATY MUST BE DIRECTED AGAINST THE APPOINTING AUTHORITY AND RELATE TO ACTS OR OMISSIONS OF THAT AUTHORITY WHICH ADVERSELY AFFECT THE APPLICANTS . AN ACTION DIRECTED AGAINST THE COMMISSION SEEKING ANNULMENT OF A COUNCIL REGULATION DOES NOT SATISFY THAT CONDITION .
Order of the Court (First Chamber) of 26 March 1980. - Robert Buttner, Michel Colin and Gianmario Fassone v Commission of the European Communities. - Case 51/79.



European Court reports 1980 Page 01201



Parties

Grounds

Decision on costs

Operative part



Parties

IN CASE 51/79

ROBERT BUTTNER , MICHEL COLIN AND GIANMARIO FASSONE , OFFICIALS OF THE COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY VICTOR BIEL , OF THE LUXEMBOURG BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE LATTER ' S CHAMBERS , 18A RUE DES GLACIS ,

APPLICANTS ,

V

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

DEFENDANT ,

Grounds

ACCORDING TO ARTICLE 91 ( 1 ) OF THE STAFF REGULATIONS THE COURT HAS JURISDICTION IN ANY DISPUTE BETWEEN THE COMMUNITIES AND AN OFFICIAL REGARDING THE LEGALITY OF AN ACT ADVERSELY AFFECTING SUCH PERSON .

THIS ACTION DOES NOT CONCERN THE DECISIONS WHICH THE COMMISSION MIGHT HAVE ADOPTED CONSEQUENT UPON THE REPORT DRAWN UP BY PACTEL AND IN RESPECT OF WHICH IT IS IN ANY CASE ESTABLISHED THAT THEY HAD NOT YET BEEN ADOPTED AT THE TIME WHEN THE ACTION WAS BROUGHT . ON THE CONTRARY THE ACTION IS BASED ON THE CONTENT OF THE DISPUTED REPORT WHICH , ACCORDING TO THE APPLICANTS , CONTAINS UNFOUNDED ASSERTIONS AMOUNTING TO DEFAMATION IN RESPECT OF THEM .

A REPORT OF A STUDY DRAWN UP BY A PRIVATE COMPANY AT THE REQUEST OF THE COMMISSION CANNOT HOWEVER CONSTITUTE AN ACT ADVERSELY AFFECTING AN OFFICIAL . THE APPLICANTS HAVE NOT INDICATED THE ACTS OR OMISSIONS ON THE PART OF THE COMMISSION OF WHICH THEY WISH TO COMPLAIN . IN THE NOTE TO THE TWO DIRECTORS GENERAL HAVING AUTHORITY IN THE MATTER OF INFORMATICS , WHICH WAS SENT BY THE APPLICANTS TO THE COMMISSION BY WAY OF A COMPLAINT UNDER ARTICLE 90 OF THE STAFF REGULATIONS , THEY ASKED FOR CONFIRMATION THAT THE REPORT WOULD NOT BE DISSEMINATED TO PERSONS OUTSIDE THE SERVICE OR USED IN ANY MANNER WHATSOEVER . THE APPLICATION IS NOT DIRECTED AGAINST ANY DECISION OF THE COMMISSION .

IN THESE CIRCUMSTANCES THE COURT CLEARLY HAS NO JURISDICTION TO TAKE COGNIZANCE OF THE APPLICATION . CONSEQUENTLY THE COURT MUST APPLY ARTICLE 92 ( 1 ) OF THE RULES OF PROCEDURE AND DECLARE , OF ITS OWN MOTION , AND WITHOUT OPENING THE ORAL PROCEDURE , THAT THE APPLICATION IS INADMISSIBLE .

Decision on costs

UNDER ARTICLE 70 OF THE RULES OF PROCEDURE THE COSTS INCURRED BY THE INSTITUTIONS IN PROCEEDINGS BROUGHT BY EMPLOYEES OF THE COMMUNITIES ARE TO BE BORNE BY SUCH INSTITUTIONS .

Operative part

ON THOSE GROUNDS ,

THE COURT ( FIRST CHAMBER )

HEREBY ORDERS AS FOLLOWS :

1 . THE APPLICATION IS DISMISSED AS INADMISSIBLE .

2.THE PARTIES SHALL BEAR THEIR OWN COSTS , INCLUDING THOSE ARISING FROM THE TWO APPLICATIONS FOR THE ADOPTION OF INTERIM MEASURES .
Order of the Court (First Chamber) of 8 July 1981. - Maurice André and others v Council and Commission of the European Communities. - Joined cases 219-228, 230-235, 237, 238 and 240-242/80.



European Court reports 1981 Page 01879



Parties

Grounds

Operative part



Parties

JOINED CASES 219 TO 228 , 230 TO 235 , 237 , 238 AND 240 TO 242/80

MAURICE ANDRE AND OTHERS

V

COUNCIL OF THE EUROPEAN COMMUNITIES

AND

COMMISSION OF THE EUROPEAN COMMUNITIES

Grounds

ACCORDING TO THE PROVISIONS OF ARTICLE 91 ( 3 ) OF THE RULES OF PROCEDURE THE REMAINDER OF THE PROCEEDINGS ON THE OBJECTION RAISED , AFTER THE OPPOSITE PARTY HAS PUT FORWARD HIS SUBMISSIONS AND THE GROUNDS FOR THEM , IS TO BE ORAL UNLESS THE COURT DECIDES OTHERWISE . THE COURT TAKES THE VIEW THAT IN THIS CASE IT HAS SUFFICIENT INFORMATION AND THAT THERE IS NO NEED TO OPEN THE ORAL PROCEDURE .

THE APPLICATIONS ARE OBVIOUSLY INADMISSIBLE IN SO FAR AS THEY ARE DIRECTED AGAINST THE COUNCIL .

ACCORDING TO ARTICLE 91 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS ACTIONS BROUGHT BY OFFICIALS UNDER ARTICLE 179 OF THE EEC TREATY MUST BE DIRECTED AGAINST THE APPOINTING AUTHORITY . TO THE EXTENT TO WHICH THEY ARE DIRECTED AGAINST THE COUNCIL , THESE ACTIONS DO NOT SATISFY THAT CONDITION .

FURTHERMORE , AS REGULATIONS NOS 160/80 AND 161/80 ARE NEITHER DECISIONS ADDRESSED TO THE APPLICANTS NOR DECISIONS WHICH , ALTHOUGH IN THE FORM OF REGULATIONS , ARE OF DIRECT AND INDIVIDUAL CONCERN TO THEM , THE APPLICATIONS ARE EQUALLY INADMISSIBLE IN SO FAR AS THEY ARE BASED ON ARTICLE 173 OF THE EEC TREATY .

Operative part

ON THOSE GROUNDS ,

HAVING REGARD TO ARTICLES 69 , 70 AND 91 OF THE RULES OF PROCEDURE AND TO THE VIEWS OF THE ADVOCATE GENERAL ,

THE COURT ( FIRST CHAMBER )

COMPOSED OF : T . KOOPMANS , PRESIDENT OF CHAMBER , A . O ' KEEFFE AND G . BOSCO , JUDGES ,

ADVOCATE GENERAL : S . ROZES

REGISTRAR : A . VAN HOUTTE

HEREBY ORDERS AS FOLLOWS :

1 . THE APPLICATIONS ARE DISMISSED AS INADMISSIBLE IN SO FAR AS THEY ARE DIRECTED AGAINST THE COUNCIL .

2 . THE COUNCIL SHALL BEAR ITS OWN COSTS ; THE COSTS INCURRED BY THE APPLICANTS ARE RESERVED .
Keywords



Keywords

PROCEDURE - DOCUMENTS PLACED BEFORE THE COURT RELATING TO THE BUSINESS SECRETS OF UNDERTAKINGS - CONFIDENTIAL TREATMENT
Order of the Court of 14 October 1981. - Krupp Stahl AG v Commission of the European Communities. - Affaires 123/81 and 123/81 R.



European Court reports 1981 Page 02391



Parties

Grounds

Operative part



Parties

KRUPP STAHL AG , BOCHUM ,

APPLICANT ,

V

COMMISSION OF THE EUROPEAN COMMUNITIES ,

DEFENDANT .

Grounds

IN CASES 123/81 AND 123/81 R , THE COMMISSION ADOPTED A DECISION WHICH WAS IN ACCORDANCE WITH THE WISHES OF THE APPLICANT , WHICH THEN INFORMED THE COURT IN A LETTER RECEIVED AT THE REGISTRY ON 2 JULY 1981 THAT IT WAS NO LONGER NECESSARY TO GIVE JUDGMENT IN THE MAIN ACTION OR , CONSEQUENTLY , ON THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES . IT NONE THE LESS SOUGHT AN ORDER FOR COSTS AGAINST THE COMMISSION , ARGUING THAT THE COMMISSION ' S DELAY IN ADOPTING ITS DECISION WAS AT THE ROOT OF THE ACTION AND THAT THE DECISION FINALLY ADOPTED HAD RECOGNIZED THAT THE APPLICATIONS WERE WELL FOUNDED .

IN ITS OBSERVATIONS LODGED AT THE COURT REGISTRY ON 14 JULY 1981 THE COMMISSION STATED THAT IT WAS NOT OPPOSED TO WHAT IT REGARDED AS AN APPLICATION TO DISCONTINUE THE ACTION ON THE PART OF THE APPLICANT , BUT IT SOUGHT AN ORDER FOR COSTS AGAINST THE APPLICANT . IN SUPPORT OF THAT CLAIM THE COMMISSION ARGUED THAT THE DELAY IN THE ADOPTION OF ITS FINAL DECISION WAS DUE TO THE APPLICANT ' S OWN CONDUCT .

IT IS TRUE THAT BY A LETTER DATED 16 MARCH 1981 THE APPLICANT INFORMED THE COMMISSION THAT IT DESIRED THE COMMISSION TO RECOGNIZE THAT ITS PRODUCTIVE CAPACITY WAS GREATER THAT THAT USED FOR THE CALCULATION OF THE QUOTAS FOR THE FIRST QUARTER OF 1981 . HOWEVER , THAT REQUEST WAS WITHDRAWN BY THE APPLICANT IN A LETTER DATED 15 APRIL . ALTHOUGH THE COMMISSION HAS NOT PLEADED THE EXISTENCE OF ANY OTHER FACTOR LIABLE TO PREVENT IT FROM ADOPTING A DECISION WITHOUT DELAY , IT WAS NOT UNTIL 26 MAY 1981 THAT IT FIXED DEFINITIVE QUOTAS FOR THE APPLICANT FOR THE SECOND QUARTER OF 1981 . IT WAS PRECISELY THAT DELAY WHICH INDUCED THE APPLICANT TO LODGE THE PRESENT APPLICATIONS , WHICH SINCE THE ADOPTION OF THE COMMISSION ' S DECISION HAVE LOST THEIR PURPOSE .

IT FOLLOWS THAT THE APPLICANT ' S DISCONTINUANCE IS JUSTIFIED BY THE CONDUCT OF THE COMMISSION AND THAT THERE IS REASON TO ORDER THE LATTER TO PAY THE COSTS PURSUANT TO THE FIRST SUBPARAGRAPH OF ARTICLE 69 ( 4 ) OF THE RULES OF PROCEDURE .

Operative part

1 . CASES 123/81 AND 123/81 R ARE REMOVED FROM THE REGISTER .

2.THE COMMISSION SHALL PAY THE COSTS , INCLUDING THE COSTS OF THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES .
Keywords



Keywords

++++

PROCEDURE - APPLICATION RENDERED DEVOID OF PURPOSE AS A RESULT OF THE ADOPTION BY THE DEFENDANT OF MEASURES OF THE KIND PRESCRIBED IN A JUDGMENT OF THE COURT IN A PARALLEL CASE - NO NEED TO GIVE JUDGMENT
Keywords



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURE - SUSPENSION OF OPERATION - CONDITIONS FOR THE GRANT

( RULES OF PROCEDURE , ART . 83 ( 2 ))
Order of the President of the Third Chamber of the Court of 26 November 1985. - Leeuwarder Papierwarenfabriek BV v Commission of the European Communities. - Taxation of costs. - Case 318/82 - Costs.



European Court reports 1985 Page 03727



Parties

Subject of the case

Grounds

Operative part



Keywords

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

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

Parties

IN CASE 318/82

LEEUWARDER PAPIERWARENFABRIEK BV , WHOSE REGISTERED OFFICE IS AT LEEUWARDEN ( THE NETHERLANDS ), REPRESENTED BY B . H . TER KUILE AND L . H . VAN LENNEP , BOTH OF THE HAGUE BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF J . LOESCH , AVOCAT , 2 RUE GOETHE ,

APPLICANT ,

V

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , B . VAN DER ESCH , 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 ,

DEFENDANT ,

Subject of the case

APPLICATION FOR THE TAXATION OF RECOVERABLE COSTS ,

Grounds

1 ACCORDING TO ARTICLE 73 ( B ) OF THE RULES OF PROCEDURE OF THE COURT OF JUSTICE ' EXPENSES NECESSARILY INCURRED BY THE PARTIES FOR THE PURPOSE OF THE PROCEEDINGS , IN PARTICULAR THE TRAVEL AND SUBSISTENCE EXPENSES AND THE REMUNERATION OF AGENTS , ADVISERS , OR LAWYERS ' ARE TO BE REGARDED AS RECOVERABLE COSTS .

2 AS THE COURT HAS HELD ON NUMEROUS OCCASIONS , IT IS NOT EMPOWERED TO TAX THE FEES PAYABLE BY THE PARTIES TO THEIR OWN LAWYERS BUT IT MAY DETERMINE THE AMOUNT OF THOSE FEES WHICH MAY BE RECOVERED FROM THE PARTY ORDERED TO PAY THE COSTS . IT FOLLOWS THAT THE COURT IS NOT OBLIGED TO TAKE ACCOUNT OF ANY NATIONAL SCALES OF LAWYERS ' FEES OR ANY AGREEMENT IN RELATION TO FEES CONCLUDED BETWEEN THE PARTY CONCERNED AND HIS AGENTS OR ADVISERS .

3 SINCE COMMUNITY LAW DOES NOT CONTAIN ANY PROVISIONS LAYING DOWN A SCALE OF FEES , THE COURT MUST CONSIDER ALL THE FACTS OF THE CASE , TAKING INTO ACCOUNT THE PURPOSE AND NATURE OF THE PROCEEDINGS , THEIR SIGNIFICANCE FROM THE POINT OF VIEW OF COMMUNITY LAW , AS WELL AS THE DIFFICULTIES PRESENTED BY THE CASE , THE AMOUNT OF WORK GENERATED BY THE DISPUTE FOR THE AGENTS AND ADVISERS INVOLVED AND THE FINANCIAL INTEREST WHICH THE PARTIES HAD IN THE PROCEEDINGS .

4 IN THE LIGHT OF THOSE CONSIDERATIONS , IN THE PRESENT CASE THE RECOVERABLE COSTS IN RESPECT OF THE FEES OF THE APPLICANT ' S LAWYERS MUST BE FIXED AT HFL ... AND THOSE IN RESPECT OF ADVANCE PAYMENTS AND OTHER EXPENSES AT HFL ..., MAKING A TOTAL OF HFL ..., TO WHICH MUST BE ADDED THE AMOUNT OF ANY VALUE-ADDED TAX PAYABLE ON THAT SUM .

5 SINCE THE COURT , WHEN DETERMINING THE RECOVERABLE COSTS , TOOK ACCOUNT OF ALL THE CIRCUMSTANCES OF THE CASE UNTIL THE TIME OF SUCH DETERMINATION , IT IS NOT NECESSARY FOR IT TO RULE SEPARATELY ON THE COSTS INCURRED BY THE PARTIES IN CONNECTION WITH THESE SUPPLEMENTARY PROCEEDINGS .

Operative part

ON THOSE GROUNDS ,

THE COURT ( THIRD CHAMBER )

HEREBY ORDERS AS FOLLOWS :

THE COSTS TO BE PAID BY THE DEFENDANT TO THE APPLICANT ARE SET AT A LUMP SUM OF HFL ... TOGETHER WITH ANY VALUE-ADDED TAX PAYABLE ON THAT SUM .
Order of the President of the Court of 20 May 1983. - Charles Lux v Court of Auditors of the European Communities. - Case 69/83 R.



European Court reports 1983 Page 01785



Parties

Subject of the case

Grounds

Operative part



Keywords

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

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

Parties

IN CASE 69/83 R

CHARLES LUX , AN OFFICIAL OF THE COURT OF AUDITORS OF THE EUROPEAN COMMUNITIES , RESIDING AT 17 RUE BERTHOLET , LUXEMBOURG , REPRESENTED BY EDMOND LEBRUN OF THE BRUSSELS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE APPLICANT ' S RESIDENCE ,

APPLICANT ,

V

COURT OF AUDITORS OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS SECRETARY , JEAN-AIME STOLL , ACTING AS AGENT , ASSISTED BY LUCETTE DEFALQUE OF THE BRUSSELS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT ITS SEAT , 29 RUE ALDRINGEN ,

DEFENDANT ,

Subject of the case

APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE SUSPENDING THE OPERATION OF A DECISION OF THE COURT OF AUDITORS CHANGING THE ALLOCATION OF POSTS AS BETWEEN THE PRESIDENT ' S SECTOR AND THE STAFF AND OPERATIONAL EXPENDITURE SECTOR AND OF A DECISION OF THE PRESIDENT OF THE COURT OF AUDITORS REASSIGNING THE APPLICANT TO THE LATTER SECTOR ,

Grounds

11 BY VIRTUE OF ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE IT IS FOR THE APPLICANT TO ESTABLISH , ON THE ONE HAND , THE CIRCUMSTANCES GIVING RISE TO URGENCY AND , ON THE OTHER HAND , THE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE INTERIM MEASURES APPLIED FOR .

12 IT IS SUFFICIENT TO STATE IN THIS CASE THAT THE APPLICANT HAS NOT SUBMITTED ANY EVIDENCE TO SHOW THE URGENCY OF THE MEASURE APPLIED FOR AND THERE IS NO NEED TO CONSIDER THE SECOND REQUIREMENT REFERRED TO IN THE AFOREMENTIONED PROVISION .

13 IT WOULD APPEAR , IN FACT , FROM THE INFORMATION RECEIVED AT THIS STAGE , THAT AS THE APPLICANT HAS BEEN REASSIGNED TOGETHER WITH HIS POST AND AS BOTH DECISIONS ADOPTED FOR THAT PURPOSE ARE THE SUBJECT OF THE PROCEEDINGS FOR ANNULMENT , IF HE IS SUCCESSFUL IN THOSE PROCEEDINGS HE WILL AUTOMATICALLY REVERT TO THE POSITION AS IT WAS PRIOR TO THE CONTESTED DECISIONS .

14 THE APPLICATION FOR THE SUSPENSION OF THE OPERATION OF THE CONTESTED DECISIONS MUST THEREFORE BE DISMISSED .

Operative part

ON THOSE GROUNDS ,

THE PRESIDENT OF THE SECOND CHAMBER , REPLACING THE PRESIDENT OF THE COURT PURSUANT TO ARTICLE 96 ( 1 ) OF THE RULES OF PROCEDURE ,

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 A DECLARATION THAT A DECISION IS VOID - MEASURES OF NATIONAL AUTHORITIES - LACK OF JURISDICTION OF THE COURT

( EEC TREATY , ART . 173 )

Summary

IT FOLLOWS FROM ARTICLE 173 OF THE TREATY THAT THE COURT DOES NOT HAVE JURISDICTION IN APPLICATIONS FOR DECLARATIONS THAT PURELY NATIONAL DECISIONS ARE VOID AND FOR THE GRANT OF SOCIAL SECURITY BENEFITS WHICH HAVE BEEN REFUSED BY BOTH THE ADMINISTRATIVE AND THE JUDICIAL AUTHORITIES OF THE MEMBER STATE IN QUESTION .
Order of the Court of 19 October 1983. - SpA Ferriere San Carlo v Commission of the European Communities. - Case 75/83.



European Court reports 1983 Page 03123



Parties

Subject of the case

Grounds

Decision on costs

Operative part



Parties

IN CASE 75/83

SPA FERRIERE SAN CARLO , HAVING ITS REGISTERED OFFICE AT 1 VIA NAZIONALE , CAINO , BRESCIA , ITALY , ACTING THROUGH ITS MANAGING DIRECTOR , FAUSTINO BUSSENI , SURVEYOR , REPRESENTED BY ITS LEGAL ADVISER , FABRIZIO MASSONI OF THE BRUSSELS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ANDRE ELVINGER , 15 COTE D ' EICH ,

APPLICANT ,

V

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY SERGIO FABRO , A MEMBER OF ITS LEGAL DEPARTMENT ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ORESTE MONTALTO , A MEMBER OF ITS LEGAL DEPARTMENT , JEAN MONNET BUILDING , KIRCHBERG ,

DEFENDANT ,

Subject of the case

APPLICATION FOR A DECLARATION THAT THE COMMISSION ' S DECISION OF 24 MARCH 1983 IMPOSING A FINE ON THE APPLICANT FOR EXCEEDING THE STEEL PRODUCTION QUOTAS ALLOCATED TO IT FOR THE THIRD AND FOURTH QUARTERS OF 1981 IS VOID .

Grounds

6 THE COMMISSION CONTENDED THAT THE WITHDRAWAL OF THE CONTESTED DECISION DEPRIVED THE ACTION OF ITS PURPOSE . THE APPLICANT COMPANY LIKEWISE TOOK THE VIEW THAT THE ARGUMENTS ADDUCED IN SUPPORT OF ITS ACTIONS HAD BECOME SUPERFLUOUS ; NEVERTHELESS , IT DID NOT EXPRESSLY DECLARE THAT ITS ACTION WAS ABANDONED .

7 HAVING BEEN RESCINDED , THE CONTESTED DECISION IS NOW INAPPLICABLE AND THE CONCLUSION MUST THEREFORE BE THAT THE ACTION RELATES TO A DECISION WHICH CAN NO LONGER HAVE ANY ADVERSE EFFECT ON THE APPLICANT COMPANY .

8 SINCE THE ACTION IS THEREFORE NOW DEVOID OF PURPOSE , IT IS UNNECESSARY TO RULE ON IT .

Decision on costs

COSTS

9 UNDER THE TERMS OF ARTICLE 69 ( 5 ) OF THE RULES OF PROCEDURE , WHERE A CASE DOES NOT PROCEED TO JUDGMENT THE COSTS SHALL BE IN THE DISCRETION OF THE COURT .

10 THE COURT TAKES THE VIEW THAT THE CIRCUMSTANCES OF THE DISPUTE AND THE COURSE OF THE PROCEDURE DISCLOSE ADEQUATE GROUNDS FOR ORDERING THE PARTIES TO BEAR THEIR OWN COSTS WITHOUT ITS BEING NECESSARY TO CONSIDER THE MERITS OF THE ARGUMENTS ADDUCED IN SUPPORT OF THE ACTION .

Operative part

ON THOSE GROUNDS ,

THE COURT

HEREBY ORDERS AS FOLLOWS :

1 . IT IS NOT NECESSARY TO GIVE A DECISION ON THE APPLICATION BY FERRIERE SAN CARLO ;

2 . THE PARTIES SHALL BEAR THEIR OWN COSTS .
Keywords

Summary



Keywords

APPLICATION FOR INTERIM MEASURES - SUSPENSION OF OPERATION OF A MEASURE - CONDITIONS FOR GRANTING - OFFER OF SECURTIY - NOT SUFFICIENT

( EEC TREATY , ARTS . 185 AND 186 ; RULES OF PROCEDURE , ARTS 83 ( 2 ) AND 86 ( 2 ))

Summary

ARTICLE 86 ( 2 ) OF THE RULES OF PROCEDURE , WHICH PROVIDES THAT THE ENFORCEMENT OF AN INTERLOCUTORY ORDER MAY BE MADE CONDITIONAL ON THE LODGING BY THE APPLICANT OF SECURITY , OF AN AMOUNT AND NATURE TO BE FIXED IN THE LIGHT OF THE CIRCUMSTANCES , DOES NOT MEAN THAT A PERSON WHO APPLIES FOR THE SUSPENSION OF THE OPERATION OF A MEASURE IS DISPENSED FROM THE NEED TO COMPLY WITH THE PROVISIONS OF ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE .
ORDER OFTHECOURT
28MARCH 1984'
European Independent Steelworks Association
vCommission oftheEuropean Communities
Case37/84R
Application for the adoption ofinterim measures — Suspension ofoperation —
Conditions forgrant thereof
(ECSC Treaty ,Art.39;Rules ofProcedure ,Art.83(2))
InCase37/84R
EUROPEAN INDEPENDENT STEELWORKS ASSOCIATION ,anassociation ofunder­
takings formed underthelawofBelgium ,whose registered officeisat
21RueDucale,Brussels ,represented byMichel Waelbroeck oftheBrussels
Bar,withanaddress forserviceinLuxembourg attheChambers ofErnest
Arendt,34RuePhilippe-II ,
applicant ,
v
COMMISSION OFTHEEUROPEAN COMMUNITIES ,200Rue delaLoi,
1049Brussels ,represented byR.Wägenbaur ofitsLegalDepartment ,acting
asAgent,withanaddress forservice inLuxembourg attheofficeof
Manfred Beschel ,JeanMonnet Building ,Kirchberg ,
defendant ,
APPLICATION pursuant toArticle 39oftheECSC Treaty forthe
suspension oftheoperation ofCommission Decision No3717/83/ECSCof
23December 1983,introducing forsteelundertakings andsteeldealers a
production certificate andanaccompanying document fordeliveries of
certain products ,
1—Language oftheCase:French.
1749
Keywords



Keywords

APPLICATION FOR INTERIM MEASURES - SUSPENSION OF THE OPERATION OF A MEASURE - INTERIM MEASURES - CONDITIONS FOR GRANTING - NEED TO WEIGH UP ALL THE INTERESTS INVOLVED

( ARTS 185 AND 186 OF THE EEC TREATY )
Keywords



Keywords

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

( RULES OF PROCEDURE , ART . 83 ( 2 ))
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 - SUSPENSION OF THE OPERATION OF A MEASURE - 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 THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - CONDITIONS FOR GRANTING - MEASURES NOT TO PREJUDGE THE DECISION ON THE SUBSTANCE OF THE CASE

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



Keywords

++++

1 . APPLICATION FOR INTERIM MEASURES - SUSPENSION OF OPERATION - CONDITIONS - SERIOUS AND IRREPARABLE DAMAGE

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

2 . MEASURES ADOPTED BY THE INSTITUTIONS - REGULATIONS - TEMPORAL APPLICATION - IMMEDIATE ENTRY INTO FORCE - PERMISSIBILITY - CONDITIONS

( EEC TREATY, ART . 191 )
Keywords



Keywords

APPLICATION FOR INTERIM MEASURES - SUSPENSION OF THE OPERATION OF A MEASURE - POWERS CONFERRED ON THE PRESIDENT OF THE COURT BY ARTICLE 84 ( 2 ) OF THE RULES OF PROCEDURE

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

Summary



Keywords

++++

ACTION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - PROVISIONS OF A REGULATION ACCEPTING PRICE UNDERTAKINGS OFFERED BY AN EXPORTER IN CONNECTION WITH AN ANTI-DUMPING PROCEEDING - APPLICATION BY AN IMPORTER -INADMISSIBLE

( EEC TREATY, ART . 173, SECOND PARAGRAPH; COUNCIL REGULATION NO 2176/84, ART . 10; COMMISSION REGULATION NO 2800/86, ARTS 2 AND 3 )

Summary

THE PROVISIONS OF A COMMISSION REGULATION WHICH, PURSUANT TO ARTICLE 10 OF REGULATION NO 2176/84 ON PROTECTION AGAINST DUMPING, ACCEPT PRICE UNDERTAKINGS OFFERED BY AN EXPORTER ARE, FOR THE PURPOSES OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY, OF DIRECT AND INDIVIDUAL CONCERN ONLY TO THAT TRADER AND NOT TO OTHER PERSONS, WHO ARE NECESSARILY NOT PARTY TO THE UNDERTAKINGS GIVEN . CONSEQUENTLY, AN ACTION BROUGHT BY AN IMPORTER FOR THE ANNULMENT OF THOSE PROVISIONS IS INADMISSIBLE .
Keywords

Summary



Keywords

++++

OFFICIALS - ACTIONS - ACT ADVERSELY AFFECTING THE OFFICIAL - MEMBER OF THE AUXILIARY STAFF CLAIMING THE STATUS OF MEMBER OF THE TEMPORARY STAFF - CONTRACT OF EMPLOYMENT

( STAFF REGULATIONS OF OFFICIALS, ARTS 90 ( 2 ) AND 91 )

Summary

WHERE A MEMBER OF THE AUXILIARY STAFF CLAIMS THE STATUS OF MEMBER OF THE TEMPORARY STAFF ON THE GROUND THAT HIS RECRUITMENT AS A MEMBER OF THE AUXILIARY STAFF WAS IN BREACH OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS, THE ACT ADVERSELY AFFECTING HIM IS HIS CONTRACT OF EMPLOYMENT, IF THAT CONTRACT WAS NOT ALTERED ON THE OCCASIONS WHEN IT WAS RENEWED .
Keywords

Summary



Keywords

++++

INTERIM MEASURES - SUSPENSION OF OPERATION - CONDITIONS FOR GRANTING - SERIOUS AND IRREPARABLE DAMAGE - STRICTLY PECUNIARY DAMAGE

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

Summary

THE URGENCY OF AN APPLICATION FOR INTERIM MEASURES, AS REFERRED TO IN ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE, MUST BE ASSESSED IN RELATION TO THE NECESSITY FOR AN INTERIM ORDER IN ORDER TO PREVENT SERIOUS AND IRREPARABLE DAMAGE TO THE PARTY REQUESTING THE INTERIM MEASURE .

IN PRINCIPLE, PURELY PECUNIARY DAMAGE CANNOT BE REGARDED AS IRREPARABLE OR EVEN AS DIFFICULT TO REPAIR SINCE IT MAY BE MADE GOOD AT A LATER DATE BY MEANS OF FINANCIAL COMPENSATION . HOWEVER, IT IS FOR THE JUDGE HEARING THE APPLICATION FOR INTERIM MEASURES TO EXAMINE THE SPECIFIC CIRCUMSTANCES OF EACH CASE . IN THIS REGARD, HE MUST CONSIDER THOSE MATTERS ENABLING IT TO BE ESTABLISHED WHETHER THE IMMEDIATE APPLICATION OF THE DECISION WHOSE OPERATION THE APPLICANT ASKS THE COURT TO SUSPEND IS LIKELY TO CAUSE THE APPLICANT IRREPARABLE DAMAGE WHICH COULD NOT BE MADE GOOD IF THE DECISION WERE TO BE ANNULLED OR WHICH, IN SPITE OF ITS PROVISIONAL NATURE, WOULD BE DISPROPORTIONATE TO THE INTEREST OF THE INSTITUTION IN QUESTION, PURSUANT TO ARTICLE 185 OF THE EEC TREATY, IN HAVING ITS DECISIONS APPLIED EVEN WHEN THEY ARE THE SUBJECT OF AN APPLICATION TO THE COURT .