ddrg/super_eurlex huggingface dataset:
Order of the Court of 27 June 1979. - Reference for a preliminary ruling by the Acting Judge at the Tribunal d'Instanace, Hayange. - Case 105/79.



European Court reports 1979 Page 02257



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Grounds

Operative part



Parties

IN CASE 105/79

REFERENCE FOR A

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

Grounds

BY DECISION DATED 10 JUNE 1979 THE ACTING JUDGE AT THE TRIBUNAL D ' INSTANCE , HAYANGE , REFERRED THE FOLLOWING QUESTION TO THE COURT IN PURSUANCE OF ARTICLE 177 OF THE TREATY ESTABLISHING THE EEC :

' ' WHAT PROTECTION DOES THE TREATY AFFORD WITH REGARD TO OBSERVANCE OF THE FUNDAMENTAL PRINCIPLE OF THE INDEPENDENCE OF THE JUDICIARY IN THE APPLICATION OF THE LAW?

' '

THIS QUESTION AROSE WITH REGARD TO AN ACTION CONCERNING A TRAFFIC ACCIDENT WHICH OCCURRED IN FRANCE AND INVOLVED FRENCH NATIONALS .

IT APPEARS FROM THE FILE AND FROM THE WORDING OF THE QUESTION SUBMITTED AS WELL AS THE STATEMENT OF THE REASONS ON WHICH IT IS BASED THAT IT IN NO WAY CONCERNS EITHER THE INTERPRETATION OF THE EEC TREATY OR THE VALIDITY OR INTERPRETATION OF AN ACT OF AN INSTITUTION OF THE COMMUNITY .

THE COURT THEREFORE CLEARLY HAS NO JURISDICTION TO REPLY TO THE QUESTION THUS RAISED .

ON HEARING THE VIEWS OF THE ADVOCATE GENERAL ,

THE COURT

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

ADVOCATE GENERAL : F . CAPOTORTI

REGISTRAR : A . VAN HOUTTE

Operative part

DECIDES AS FOLLOWS :

THE COURT OF JUSTICE HAS NO JURISDICTION TO REPLY TO THE QUESTION REFERRED TO IT BY THE ACTING JUDGE AT THE TRIBUNAL D ' INSTANCE , HAYANGE .
Order of the Court (First Chamber) of 21 May 1981. - Jean-Jacques Charles Geist v Commission of the European Communities. - Case 192/80.



European Court reports 1981 Page 01387



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Grounds

Operative part



Parties

IN CASE 192/80

JEAN-JACQUES CHARLES GEIST

V

COMMISSION OF THE EUROPEAN COMMUNITIES

Grounds

ACCORDING TO THE PROVISIONS OF ARTICLE 91 ( 3 ) OF THE RULES OF PROCEDURE UNLESS THE COURT DECIDES OTHERWISE THE REMAINDER OF THE PROCEEDINGS IN RELATION TO AN OBJECTION IS TO BE ORAL . THE COURT TAKES THE VIEW THAT THERE IS NO NEED TO OPEN THE ORAL PROCEDURE AND DECIDES , PURSUANT TO ARTICLE 91 ( 3 ), TO DEAL WITH THE APPLICATION WITHOUT DELAY ON THE BASIS OF THE WRITTEN DOCUMENTS .

ALTHOUGH THERE IS A SLIP OF THE PEN IN PARAGRAPH 46 OF THE JUDGMENT IN CASE 61/76 IT APPEARS CLEARLY BOTH FROM PARAGRAPH 17 AND FROM THE OPERATIVE PART OF THE JUDGMENT THAT THE COURT INCLUDED THE PERIODIC REPORT FOR 1973 TO 1975 IN THE LIST OF REPORTS WHICH THE APPLICANT WAS SEEKING TO HAVE DRAWN UP AND THAT THE DAMAGES FIXED AT BFR 10 000 WERE CALCULATED FOR THE FAILURE TO DRAW UP ALL THE PERIODIC REPORTS , INCLUDING THE ONE IN QUESTION IN THESE PROCEEDINGS .

THE APPLICATION IS INADMISSIBLE .

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 .
Keywords



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - CONDITIONS GOVERNING THE GRANT OF INTERIM MEASURES - SERIOUS AND IRREVERSIBLE NATURE OF ALLEGED LOSS - CRITERIA APPLICABLE

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



Keywords

PROCEDURE - INTERPRETATION OF JUDGMENT - CONDITIONS FOR ADMISSIBILITY OF APPLICATION

( PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC , ART . 40 )
Order of the President of the Second Chamber of the Court of 6 April 1982. - Ulrich Wölker v Commission of the European Communities. - Case 89/82 R.



European Court reports 1982 Page 01323



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Grounds

Operative part



Parties

ULRICH WOLKER , HEIDELBERG ,

APPLICANT ,

V

COMMISSION OF THE EUROPEAN COMMUNITIES ,

DEFENDANT ,

Grounds

APPLICATION TO SUSPEND THE OPERATION OF A DECISION BY WHICH THE COMMISSION ORDERED THAT THE APPLICANT BE NOT ADMITTED TO THE TESTS FOR COMPETITION COM/A/324 - LEGAL ASPECTS .

BY A TELEX MESSAGE RECEIVED AT THE COURT REGISTRY ON 18 MARCH 1982 THE COMMISSION NOTIFIED THE COURT THAT IT HAD DECIDED AT ITS MEETING ON 17 MARCH 1982 TO POSTPONE THE WRITTEN TESTS FOR THE COMPETITION AT ISSUE .

IN THESE CIRCUMSTANCES THE DEFENDANT TAKES THE VIEW THAT THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES HAS LOST ITS PURPOSE FOR THE TIME BEING AND ASKS THE COURT TO DECLARE THAT THERE ARE NO GROUNDS FOR COMING TO A DECISION ON THIS APPLICATION AT THE PRESENT TIME .

BY LETTER OF 22 MARCH 1982 , RECEIVED AT THE COURT REGISTRY ON 23 MARCH 1982 , THE APPLICANT DECLARED THAT THE PROCEEDINGS ON THE INTERLOCUTORY MEASURE WERE AT AN END AND CLAIMED THAT THE COURT SHOULD ORDER THE DEFENDANT TO PAY THE COSTS ARISING FROM THE PROCEEDINGS ON THE APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE .

BY LETTER OF 2 APRIL 1982 , REGISTERED AT THE COURT ON 5 APRIL 1982 , THE DEFENDANT CONTENDED THAT THE COSTS SHOULD BE RESERVED . IT STATED THAT THE APPLICANT WAS IN AGREEMENT ON THIS POINT .

Operative part

THE PRESIDENT OF THE SECOND CHAMBER OF THE COURT

HEREBY ORDERS AS FOLLOWS :

1 . THERE ARE NO GROUNDS FOR COMING TO A DECISION ON THIS APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE .

2.THE COSTS ARE RESERVED .
Order of the President of the Court of 20 April 1983. - IRO Industrie Riunite Odolesi SpA v Commission of the European Communities. - Case 348/82 R.



European Court reports 1983 Page 01237



Parties

Subject of the case

Grounds

Operative part



Parties

IN CASE 348/82 R

IRO INDUSTRIE RIUNITE ODOLESI SPA , WHOSE REGISTERED OFFICE IS AT 12 VIA BRESCIA , ODOLO ( BRESCIA ), ITALY , REPRESENTED BY G.A . BERGMANN OF THE MILAN BAR , F . MASSONI OF THE BRUSSELS BAR AND G . PELLICANO OF THE MILAN 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 , 200 RUE DE LA LOI , B-1049 BRUSSELS , REPRESENTED BY SERGIO FABRO , A MEMBER OF ITS LEGAL DEPARTMENT , 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 TO SUSPEND THE OPERATION OF COMMISSION DECISION C(82 ) 1631/3 OF 24 NOVEMBER 1982 CONCERNING A FINE IMPOSED ON THE APPLICANT UNDER ARTICLE 58 OF THE ECSC TREATY ,

Grounds

1 ACCORDING TO ARTICLE 39 OF THE ECSC TREATY ACTIONS BROUGHT BEFORE THE COURT DO NOT HAVE SUSPENSORY EFFECT . THE COURT MAY , HOWEVER , IF IT CONSIDERS THAT CICRCUMSTANCES SO REQUIRE , ORDER THAT APPLICATION OF THE CONTESTED DECISION BE SUSPENDED AND MAY PRESCRIBE ANY OTHER NECESSARY INTERIM MEASURES .

2 ALTHOUGH THE COMMISSION CONTENDS THAT THE COURT SHOULD DISMISS THE APPLICATION IT IS CLEAR FROM ITS WRITTEN AND ORAL SUBMISSIONS THAT IT DOES NOT OBJECT TO THE MAKING OF THE ORDER FOR SUSPENSION PROVIDED THAT THE APPLICANT PRODUCES A BANK GUARANTEE FOR PAYMENT OF THE FINE , IF IT REMAINS PAYABLE , TOGETHER WITH DEFAULT INTEREST IF APPROPRIATE . IN ADOPTING THIS VIEW THE COMMISSION IS ABIDING BY A COURSE OF ACTION WHICH IT ADOPTED IN 1981 AND WHICH MAY BE REGARDED AS JUSTIFIED PROVIDED THAT CONSIDERATION IS GIVEN IN APPROPRIATE CASES TO THE QUESTION WHETHER THERE ARE SPECIAL REASONS WHY IT SHOULD NOT BE FOLLOWED . THE APPLICANT , HOWEVER , HAS NOT SUBMITTED ANY ARGUMENT SHOWING SPECIAL REASONS FOR THE SETTING-ASIDE OF THE PROVISO TO WHICH THE COMMISSION WISHES THE SUSPENSION TO BE SUBJECTED . THERE ARE THEREFORE NO GROUNDS FOR DEPARTING FROM THAT CONDITION .

Operative part

ON THOSE GROUNDS ,

THE PRESIDENT ,

BY WAY OF INTERIM DECISION ,

HEREBY ORDERS AS FOLLOWS :

1 . THE OPERATION OF ARTICLE 2 OF COMMISSION DECISION C(82 ) 1631/3 OF 24 NOVEMBER 1982 SHALL BE SUSPENDED ON CONDITION THAT THE APPLICANT FIRST PRODUCES A BANK GUARANTEE ACCEPTABLE TO THE COMMISSION GUARANTEEING PAYMENT OF THE FINE IMPOSED BY THE CONTESTED DECISION AND DEFAULT INTEREST CALCULATED AT 1 % ABOVE THE DISCOUNT RATE FIXED BY THE BANK OF ITALY .

2.THE COSTS ARE RESERVED .
Order of the President of the Court of 20 April 1983. - Metalgoi SpA v Commission of the European Communities. - Case 10/83 R.



European Court reports 1983 Page 01241



Parties

Subject of the case

Grounds

Operative part



Parties

IN CASE 10/83 R

METALGOI SPA , WHOSE REGISTERED OFFICE IS AT 184 VIALE S . EUFEMIA , BRESCIA , REPRESENTED BY G . A . BERGMANN OF THE MILAN BAR , F . MASSONI OF THE BRUSSELS BAR AND G . PELLICANO OF THE MILAN BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ANDRE ELVINGER , 15 COTE D ' EICH ,

APPLICANT ,

V

COMMISSION OF THE EUROPEEN COMMUNITIES , 200 RUE DE LA LOI , B-1049 BRUSSELS , REPRESENTED BY SERGIO FABRO , A MEMBER OF ITS LEGAL DEPARTMENT , 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 TO SUSPEND THE OPERATION OF COMMISSION DECISION C(82 ) 1631/6 OF 24 NOVEMBER 1982 CONCERNING A FINE IMPOSED ON THE APPLICANT UNDER ARTICLE 58 OF THE ECSC TREATY ,

Grounds

1 ACCORDING TO ARTICLE 39 OF THE ECSC TREATY ACTIONS BROUGHT BEFORE THE COURT DO NOT HAVE SUSPENSORY EFFECT . THE COURT MAY , HOWEVER , IF IT CONSIDERS THAT CIRCUMSTANCES SO REQUIRE , ORDER THAT APPLICATION OF THE CONTESTED DECISION BE SUSPENDED AND MAY PRESCRIBE ANY OTHER NECESSARY INTERIM MEASURES .

2 ALTHOUGH THE COMMISSION CONTENDS THAT THE COURT SHOULD DISMISS THE APPLICATION IT IS CLEAR FROM ITS WRITTEN AND ORAL SUBMISSIONS THAT IT DOES NOT OBJECT TO THE MAKING OF THE ORDER FOR SUSPENSION PROVIDED THAT THE APPLICANT PRODUCES A BANK GUARANTEE FOR PAYMENT OF THE FINE , IF IT REMAINS PAYABLE , TOGETHER WITH DEFAULT INTEREST IF APPROPRIATE . IN ADOPTING THIS VIEW THE COMMISSION IS ABIDING BY A COURSE OF ACTION WHICH IT ADOPTED IN 1981 AND WHICH MAY BE REGARDED AS JUSTIFIED PROVIDED THAT CONSIDERATION IS GIVEN IN APPROPRIATE CASES TO THE QUESTION WHETHER THERE ARE SPECIAL REASONS WHY IT SHOULD NOT BE FOLLOWED . THE APPLICANT , HOWEVER , HAS NOT SUBMITTED ANY ARGUMENT SHOWING SPECIAL REASONS FOR THE SETTING-ASIDE OF THE PROVISO TO WHICH THE COMMISSION WISHES THE SUSPENSION TO BE SUBJECTED . THERE ARE THEREFORE NO GROUNDS FOR DEPARTING FROM THAT CONDITION .

Operative part

ON THOSE GROUNDS ,

THE PRESIDENT ,

BY WAY OF INTERIM DECISION ,

HEREBY ORDERS AS FOLLOWS :

1 . THE OPERATION OF ARTICLE 2 OF COMMISSION DECISION C(82 ) 1631/6 OF 24 NOVEMBER 1982 SHALL BE SUSPENDED ON CONDITION THAT THE APPLICANT FIRST PRODUCES A BANK GUARANTEE ACCEPTABLE TO THE COMMISSION GUARANTEEING PAYMENT OF THE FINE IMPOSED BY THE CONTESTED DECISION AND DEFAULT INTEREST CALCULATED AT 1% ABOVE THE DISCOUNT RATE FIXED BY THE BANK OF ITALY .

2.THE COSTS ARE RESERVED .
Keywords

Summary



Keywords

1 . AIDS GRANTED BY STATES - DRAFT AID PROGRAMMES - NOTIFICATION TO THE COMMISSION - IMPLEMENTATION BEFORE COMPATIBILITY HAS BEEN CHECKED - PROHIBITION - PLANNED AID REGARDED AS COMPATIBLE BY THE MEMBER STATE - IRRELEVANCE

( EEC TREATY , ART . 93 ( 3 ))

2 . AIDS GRANTED BY STATES - AID PROJECTS - NOTIFICATION TO THE COMMISSION - IMPLEMENTATION BEFORE COMPATIBILITY HAS BEEN CHECKED - PROHIBITION - DATE OF TAKING EFFECT

( EEC TREATY , ART . 93 ( 3 ))

3 . AIDS GRANTED BY STATES - AID PROJECTS - NOTIFICATION TO THE COMMISSION - FAILURE TO INITIATE THE PROCEDURE FOR CHECKING COMPATIBILITY , ENABLING EACH PARTY TO STATE ITS CASE - IMPLEMENTATION OF THE PROJECT ON THE EXPIRY OF THE PERIOD PRESCRIBED FOR PRELIMINARY CHECK ON COMPATIBILITY - CONDITIONS - PRIOR NOTICE TO COMMISSION

( EEC TREATY , ART . 93 ( 3 ))

Summary

1 . THE FINAL SENTENCE OF ARTICLE 93 OF THE TREATY IS THE MEANS OF SAFEGUARDING THE MACHINERY FOR REVIEW LAID DOWN BY THAT ARTICLE WHICH , IN TURN , IS ESSENTIAL FOR PROTECTING THE PROPER FUNCTIONING OF THE COMMON MARKET . IT FOLLOWS THAT , EVEN IF THE MEMBER STATE TAKES THE VIEW THAT THE PLANNED AID IS COMPATIBLE WITH THE COMMON MARKET , THAT FACT CANNOT AUTHORIZE IT TO DEFY THE CLEAR PROVISIONS OF ARTICLE 93 .

2 . THE PROHIBITION CONTAINED IN THE FINAL SENTENCE OF ARTICLE 93 OF THE TREATY IS EFFECTIVE THROUGHOUT THE PRELIMINARY PHASE CONSISTING IN THE INITIAL INVESTIGATION OF THE DRAFT AID PROGRAMME , WHILST REQUIRING THE COMMISSION TO CONCLUDE THE INVESTIGATION WITHIN TWO MONTHS .

3 . IF THE COMMISSION , AFTER BEING INFORMED BY A MEMBER STATE OF A DRAFT AID PROGRAMME , FAILS TO INITIATE THE PROCEDURE PROVIDED FOR IN ARTICLE 93 ( 2 ), SUCH A STATE MAY , AT THE EXPIRATION OF A PERIOD SUFFICIENT TO ENABLE THE AID TO UNDERGO A PRELIMINARY INVESTIGATION , PUT THE PROPOSED AID INTO EFFECT .

THE REQUIREMENTS OF LEGAL CERTAINTY DICTATE THAT THE MEMBER STATE SHALL , ONCE THE ABOVE-MENTIONED PERIOD HAS ELAPSED , GIVE PRIOR NOTICE TO THE COMMISSION BEFORE PUTTING THE PROPOSED MEASURES INTO EFFECT .
Order of the Court of 18 September 1985. - Commission of the European Communities v Hellenic Republic. - Removal from the register. - Case 276/83.



European Court reports 1985 Page 02751



Parties

Grounds

Operative part



Parties

IN CASE 276/83

COMMISSION OF THE EUROPEAN COMMUNITIES ,

APPLICANT ,

V

HELLENIC REPUBLIC ,

DEFENDANT .

Grounds

BY LETTER OF 23 JULY 1985 , WHICH WAS RECEIVED AT THE COURT REGISTRY ON 24 JULY 1985 , THE APPLICANT INFORMED THE COURT THAT IT WAS WITHDRAWING ITS ACTION AND REQUESTED THAT THE HELLENIC REPUBLIC BE ORDERED TO PAY THE COSTS .

BY TELECOPIER MESSAGE OF 23 AUGUST 1985 , WHICH WAS RECEIVED AT THE COURT REGISTRY ON THE SAME DAY , THE GOVERNMENT OF THE HELLENIC REPUBLIC INFORMED THE COURT THAT IT CONSENTS TO THE WITHDRAWAL OF THE ACTION BY THE COMMISSION AND THAT IT LEAVES THE QUESTION OF COSTS TO THE COURT .

Operative part

THE COURT

COMPOSED OF : LORD MACKENZIE STUART , PRESIDENT , G . BOSCO , O . DUE AND C . KAKOURIS ( PRESIDENTS OF CHAMBERS ), P . PESCATORE , T . KOOPMANS , U . EVERLING , K . BAHLMANN , Y . GALMOT , R . JOLIET AND T . F . O ' HIGGINS , JUDGES ,

ADVOCATE GENERAL : C . O . LENZ

REGISTRAR : P . HEIM

HEREBY ORDERS AS FOLLOWS :

( 1 ) CASE 276/83 IS REMOVED FROM THE REGISTER OF THE COURT ;

( 2 ) THE DEFENDANT IS TO BEAR THE COSTS .
Keywords



Keywords

APPLICATION FOR INTERIM MEASURES - SUSPENSION OF OPERATION OF A MEASURE - CONDITIONS FOR GRANTING - IRREPARABLE NATURE OF THE DAMAGE

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



Keywords

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - CONDITIONS FOR GRANT THEREOF - URGENCY - NONE , BECAUSE OF UNDERTAKINGS GIVEN TO THE COURT

( ECSC TREATY , ART . 39 ; RULES OF PROCEDURE , ART . 82 ( 2 ))
Keywords



Keywords

++++

PROCEDURE - ACTION DECLARED ADMISSIBLE - SUBSEQUENT ACTION - SAME PARTIES, OBJECT AND SUBMISSIONS - NOT ADMISSIBLE

( RULES OF PROCEDURE, ART . 92*(2 )*)
Keywords

Summary



Keywords

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

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

Summary

SUSPENSION OF OPERATION AND OTHER INTERIM MEASURES MAY BE GRANTED BY THE JUDGE RULING ON THE APPLICATION FOR INTERIM MEASURES IF IT IS SHOWN THAT THERE ARE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THEM ( FUMUS BONI JURIS ); IF THEY ARE URGENT , IN THE SENSE THAT IT IS NECESSARY , IN ORDER TO AVOID SERIOUS AND IRREPARABLE DAMAGE , FOR THEM TO BE ADOPTED AND PRODUCE THEIR EFFECTS BEFORE THE DECISION ON THE APPLICATION FOR ANNULMENT ; AND FINALLY , IF THEY ARE PROVISIONAL , THAT IS , IF THEY ARE WITHOUT PREJUDICE TO THE DECISION ON THE SUBSTANCE OF THE CASE AND IF THEY DO NOT ALREADY DECIDE THE ISSUES OF LAW OR OF FACT IN DISPUTE , OR NEUTRALIZE IN ADVANCE THE CONSEQUENCES OF THE DECISION TO BE GIVEN LATER IN THE MAIN PROCEEDINGS .
Keywords



Keywords

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

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

Summary



Keywords

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

( ECSC TREATY , ART . 39 )

Summary

THE INTERIM MEASURES PROVIDED FOR BY ARTICLE 39 OF THE ECSC TREATY WILL ONLY BE GRANTED IF THE FACTUAL AND LEGAL CIRCUMSTANCES RELIED UPON ESTABLISH A PRIMA FACIE CASE FOR THE MEASURES SOUGHT . FURTHERMORE , THERE MUST BE AN URGENT NEED FOR THE MEASURES , IN THE SENSE THAT IT MUST BE NECESSARY FOR THEM TO BE ADOPTED AND TO TAKE EFFECT BEFORE JUDGMENT IS GIVEN ON THE SUBSTANCE OF THE CASE IN ORDER TO AVOID SERIOUS AND IRREPARABLE DAMAGE TO THE PARTY SEEKING THEIR ADOPTION . FINALLY , THEY MUST BE PROVISIONAL , THAT IS TO SAY , THEY MUST NOT PREJUDGE THE DECISION ON THE SUBSTANCE OF THE CASE .
Keywords



Keywords

INTERIM MEASURES - SUSPENSION OF OPERATION - SUSPENSION OF THE OPERATION OF A DECISION IMPOSING A FINE - CONDITIONS FOR GRANTING SUCH SUSPENSION - LODGING OF SECURITY - NO EXCEPTIONAL CIRCUMSTANCES - REQUIREMENT JUSTIFIED

( ECSC TREATY , ART . 39 ; RULES OF PROCEDURE , ART . 83 ( 2 ) AND ART . 86 ( 2 ))
Keywords



Keywords

APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE - SUSPENSION OF OPERATION OF A DECISION - INTERIM MEASURES - CONDITIONS ON WHICH THEY ARE GRANTED

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



Keywords

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

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



Keywords

APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE - SUSPENSION OF OPERATION OF A DECISION - CONDITIONS FOR GRANTING - PRIMA FACIE CASE

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

Summary



Keywords

++++

Procedure - Third-party proceedings - Judgment given in proceedings against a Member State for failure to fulfil its obligations - Natural or legal persons - Inadmissibility

( Protocol on the Statute of the Court of Justice of the European Communities, Arts 37 and 39; Rules of Procedure, Art . 97 )

Summary

Natural or legal persons other than the Member States and the Community institutions have no capacity to make an application originating third-party proceedings against a judgment of the Court given in proceedings for a declaration that a Member State has failed to fulfil its obligations .

In the first place, such persons do not fulfil the condition laid down by Article 39 of the Protocol on the Statute of the Court of Justice of the European Communities which restricts third-party proceedings solely to persons who could, as Article 97 of the Rules of Procedure specifies, have taken part in the case, since they are prevented by Article 37 of the aforesaid protocol from intervening in the proceedings for a declaration that a Member State has failed to fulfil its obligations, and secondly, it would be paradoxical, in view of the purpose of third-party proceedings and their role in contentious proceedings, if persons who are prohibited from intervening in a case were able, by those procedural means, to call in question the judgment given in that case .
Keywords

Summary



Keywords

++++

OFFICIALS - ACTIONS - COMPLAINT LODGED IN THE ABSENCE BOTH OF AN ACT ADVERSELY AFFECTING THE OFFICIAL AND OF A PRIOR REJECTION OF A REQUEST UNDER ARTICLE 90*(1 ) OF THE STAFF REGULATIONS - INADMISSIBLE

( STAFF REGULATIONS, ARTS 90 AND 91 )

Summary

ARTICLES 90 AND 91 OF THE STAFF REGULATIONS MAKE THE ADMISSIBILITY OF AN ACTION BROUGHT BY AN OFFICIAL AGAINST THE INSTITUTION TO WHICH HE BELONGS CONDITIONAL ON THE PROPER OBSERVANCE OF THE PRELIMINARY ADMINISTRATIVE PROCEDURE LAID DOWN THEREUNDER . IF THE OFFICIAL WISHES THE APPOINTING AUTHORITY TO TAKE A DECISION RELATING TO HIM, THE ADMINISTRATIVE PROCEDURE MUST BE OPENED BY A REQUEST FROM THE PERSON CONCERNED ASKING THE AUTHORITY TO TAKE THE DECISION WHICH HE SEEKS, IN ACCORDANCE WITH ARTICLE 90*(1 ) OF THE STAFF REGULATIONS . IT IS ONLY AGAINST A DECISION REJECTING THAT REQUEST, WHICH, IN THE ABSENCE OF A REPLY FROM THE ADMINISTRATION, IS DEEMED TO HAVE BEEN GIVEN AFTER A PERIOD OF FOUR MONTHS, THAT THE PERSON CONCERNED MAY, WITHIN A FURTHER PERIOD OF THREE MONTHS, SUBMIT A COMPLAINT TO THE APPOINTING AUTHORITY IN ACCORDANCE WITH ARTICLE 90*(2 ).
Keywords

Summary



Keywords

++++

APPLICATION FOR ANNULMENT OF A MEASURE - NATURAL AND LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - REGULATION ON THE SECURITY WHICH MUST BE LODGED WHEN YOUNG MALE BOVINE ANIMALS ARE IMPORTED FOR FATTENING WITH EXEMPTION FROM LEVY

( EEC TREATY, ART . 173, SECOND PARAGRAPH, AND ART . 189, SECOND PARAGRAPH; COMMISSION REGULATION NO 1121/87, ART . 1 ( 2 ), AMENDING REGULATION NO 612/77 )

Summary

THE PURPOSE OF ARTICLE 1 ( 2 ) OF REGULATION NO 1121/87, AMENDING REGULATION NO 612/77, IS TO PROVIDE, IN THE FRAMEWORK OF THE ARRANGEMENTS FOR IMPORTING YOUNG MALE BOVINE ANIMALS FOR FATTENING WITH EXEMPTION FROM THE LEVY, FOR PROGRESSIVE FORFEITURE OF SECURITY LODGED BY THE IMPORTER WHENEVER HE IS LATE

IN DESIGNATING THE PRODUCTION UNIT WHERE THE ANIMALS ARE TO BE FATTENED . THAT PROVISION APPLIES TO OBJECTIVELY DETERMINED SITUATIONS AND ENTAILS LEGAL EFFECTS FOR CATEGORIES OF PERSONS REGARDED GENERALLY AND IN THE ABSTRACT . IT THUS HAS GENERAL APPLICATION WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 189 OF THE TREATY AND CANNOT BE OF INDIVIDUAL CONCERN TO AN IMPORTER WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY .
Keywords



Keywords

++++

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

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

2 . APPLICATION FOR INTERIM MEASURES - SUSPENSION OF OPERATION - CONDITIONS FOR GRANTING - PRIMA FACIE CASE - SERIOUS AND IRREPARABLE DAMAGE

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

3 . ECSC - PRODUCTION - SYSTEM OF PRODUCTION AND DELIVERY QUOTAS FOR STEEL - DUTIES OF THE COMMISSION - GUARANTEE TO ANY GIVEN UNDERTAKING OF MINIMUM PRODUCTION OR MAINTENANCE OF MARKET SHARE - NONE

( ECSC TREATY, ART . 58 )
Keywords



Keywords

++++

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

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



Keywords

++++

Application for interim measures - Suspension of operation - Conditions for granting - Serious and irreparable damage

( EEC Treaty, Arts 185 and 186; Rules of Procedure, Art . 83 ( 2 ) )
Keywords



Keywords

++++

APPLICATION FOR INTERIM MEASURES - SUSPENSION OF OPERATION OF A DECISION - CONDITIONS FOR GRANTING - SERIOUS AND IRREPARABLE DAMAGE - PRIMA FACIE CASE

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

Summary



Keywords

++++

Application for interim measures - Interim measures - Conditions for granting - Urgency - Urgent need to clarify Community law on a controversial issue - Not included

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

Summary

Where the point at issue in a case is precisely the interpretation of a provision of Community law, proceedings for interim measures are not an appropriate means of providing the Community legislature with an interpretation of the provision which may form a solid basis for future legislative development . By reason of the very nature of proceedings for interim measures, any order made must be without prejudice to the decision on the substance of the case . It follows that the risk that the development of Community law might be based on an incorrect interpretation of the existing legislation cannot amount to urgency within the meaning of Article 83(2 ) of the Rules of Procedure .