Judgment of the Court of 15 July 1970. - Gilberto Borromeo Arese and others v Commission of the European Communities. - Case 6-70.



European Court reports 1970 Page 00815

Greek special edition Page 00465



Parties

Subject of the case

Grounds

Operative part



Parties

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IN CASE 6/70

GIBERTO BORROMEO ARESE, CARLO BORROMEO, MARIA LUDOVICA FARIA DEL CORE BORROMEO AND VITTORIO EMANUELE BORROMEO, ALL RESIDING IN MILAN, ASSISTED BY G . G . STENDARDI OF THE MILAN BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ERNEST ARENDT, 6 RUE WILLY-GOERGEN, APPLICANTS,

V

COMMISSION OF THE EUROPEAN COMMUNITIES, BRUSSELS, REPRESENTED BY ITS LEGAL ADVISER, ALMANDO TOLEDANO-LAREDO, ACTING AS AGENT WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ITS LEGAL ADVISER, EMILE REUTER, 4 BOULEVARD ROYAL, DEFENDANT,

Subject of the case

APPLICATION UNDER ARTICLE 175 OF THE EEC TREATY FOR A RULING THAT THE DEFENDANT HAS INFRINGED THE THIRD INDENT OF ARTICLE 155 OF THE SAID TREATY BY FAILING TO TAKE A DECISION IN RESPECT OF THE APPLICANTS WHICH THEY HAD SOUGHT,

Grounds

1 BY APPLICATION LODGED ON 27 FEBRUARY 1970, THE APPLICANTS, WHO ARE THE PROPRIETORS OF AGRICULTURAL LAND SITUATED IN ITALY, INSTITUTED AN ACTION BASED ON ARTICLE 175 OF THE EEC TREATY FOR A DECLARATION THAT THE DEFENDANT HAS INFRINGED THE TREATY BY FAILING TO ADDRESS TO THEM A DECISION WHICH THEY HAD CALLED UPON IT TO TAKE .

2 THIS DECISION WOULD HAVE INVOLVED FIXING THE DETAILED RULES TO BE FOLLOWED BY THE APPLICANT FOR THE WORDING OF LEASES OF THEIR AGRICULTURAL LAND WHEN A DRAFT LAW ON THE METHOD OF FIXING THE RENTS FOR AGRICULTURAL LAND, WHICH HAD BEEN ADOPTED BY THE SENATE OF THE ITALIAN REPUBLIC, HAD BECOME LAW .

3 THE DEFENDANT HAS REQUESTED THE COURT, UNDER ARTICLE 91 OF THE RULES OF PROCEDURE, TO DECIDE ON THE ADMISSIBILITY OF THE APPLICATION WITHOUT DISCUSSING THE SUBSTANCE OF THE CASE .

4 THE APPLICANTS MAINTAIN THAT THE DECISION SOUGHT IS NECESSARY IN ORDER TO INDICATE TO THEM THE COURSE OF CONDUCT WHICH THEY SHOULD FOLLOW IN ORDER TO OBSERVE BOTH NATIONAL LEGISLATION AND COMMUNITY RULES .

5 UNDER THE TERMS OF THE THIRD PARAGRAPH OF ARTICLE 175 OF THE TREATY ANY NATURAL OR LEGAL PERSON MAY, UNDER THE CONDITIONS LAID DOWN IN THE FIRST AND SECOND PARAGRAPHS OF THAT ARTICLE, COMPLAIN TO THE COURT THAT AN INSTITUTION OF THE COMMUNITY " HAS FAILED TO ADDRESS TO THAT PERSON ANY ACT OTHER THAN A RECOMMENDATION OR AN OPINION ".

6 THE APPLICANTS SOUGHT THE COMMISSION' S ADVICE ON THE COURSE OF CONDUCT TO BE FOLLOWED IN THE EVENT OF CONFLICT BETWEEN THEIR NATIONAL LEGISLATION AND CERTAIN PROVISIONS OF COMMUNITY LAW .

7 SUCH A MEASURE WOULD BE EQUIVALENT NOT TO A DECISION BUT TO AN OPINION WITHIN THE MEANING OF THE LAST PARAGRAPH OF ARTICLE 189 OF THE TREATY .

8 MOREOVER, BY ADOPTING THE MEASURE SOUGHT THE DEFENDANT WOULD HAVE BEEN REQUIRED FIRST TO ASSESS WHETHER THE DRAFT LAW IN QUESTION CONFORMED WITH THE TREATY . THIS WOULD THEREFORE STILL HAVE RESULTED IN A MEASURE OTHER THAN THOSE REFERRED TO IN THE THIRD PARAGRAPH OF ARTICLE 175 .

9 THE APPLICATION MUST THEREFORE BE DISMISSED AS INADMISSIBLE .

10 UNDER THE TERMS OF ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS . THE APPLICANTS HAVE FAILED IN THEIR SUBMISSIONS .

Operative part

THE COURT

HEREBY :

1 . DISMISSES THE APPLICATION AS INADMISSIBLE;

2 . ORDERS THE APPLICANTS TO PAY THE COSTS .