IS OBSERVED, CAN ONLY TAKE INTO CONSIDERATION THE INSTRUMENT OF RATIFICATION, WHICH ITSELF WAS DEPOSITED ON BEHALF OF ITALY ON 22 JULY 1952 AND WHICH, TOGETHER WITH THE OTHER INSTRUMENTS OF RATIFICATION, BROUGHT THE TREATY INTO FORCE;
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WHEREAS IT IS CLEAR FROM THE INSTRUMENTS OF RATIFICATION, WHEREBY THE MEMBER STATES BOUND THEMSELVES IN AN IDENTICAL MANNER, THAT ALL STATES HAVE ADHERED TO THE TREATY ON THE SAME CONDITIONS, DEFINITIVELY AND WITHOUT ANY RESERVATIONS OTHER THAN THOSE SET OUT IN THE SUPPLEMENTARY PROTOCOLS, AND THAT THEREFORE ANY CLAIM BY A NATIONAL OF A MEMBER STATE QUESTIONING SUCH ADHERENCE WOULD BE CONTRARY TO THE SYSTEM OF COMMUNITY LAW;
WHEREAS SUCH A CLAIM IS ALL THE MORE INADMISSIBLE IN THAT, IN THIS CASE, ANY DECISION TO SUSPEND JUDGMENT WOULD BE TANTAMOUNT TO REDUCING THE COMMUNITY TO A CIPHER BY REGARDING THE INSTRUMENT OF RATIFICATION EITHER AS ONLY PARTIALLY ACCEPTING THE TREATY, OR AS THE MEANS OF ACCORDING TO IT DIFFERENT LEGAL CONSEQUENCES, VARYING WITH THE MEMBER STATE CONCERNED, OR AS THE MEANS WHEREBY SOME NATIONALS MIGHT EVADE ITS RULES;
WHEREAS THE PARTICIPATION OF THE ITALIAN REPUBLIC IN THE COMMON INSTITUTIONS AND IN THE RIGHTS AND OBLIGATIONS ARISING FROM THE TREATY IN FACT PRECLUDE ITS NATIONALS FROM AVOIDING THE COMPLETE AND UNIFORM APPLICATION OF THE SAID TREATY AND FROM THUS OBTAINING DIFFERENT TREATMENT FROM THAT OF OTHER NATIONALS IN THE COMMUNITY;
WHEREAS, THEREFORE, THERE MUST BE DISMISSED AS CONTRARY TO COMMUNITY POLICY ANY APPLICATION THE PURPOSE OF WHICH IS TO ESTABLISH DISCRIMINATION OF THIS NATURE WHICH NO LAW OF RATIFICATION COULD INTRODUCE INTO A TREATY PROHIBITING SUCH DISCRIMINATION;
WHEREAS THE APPLICATION FOR THE ADOPTION OF AN INTERIM MEASURE MUST THEREFORE BE DISMISSED;
Decision on costs
WHEREAS UNDER THE TERMS OF ARTICLE 69(2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS;
Operative part
THE COURT
COMPOSED OF : CH . L . HAMMES, PRESIDENT, A.M . DONNER AND R . LECOURT ( RAPPORTEUR ), PRESIDENTS OF CHAMBERS, L . DELVAUX, A . TRABUCCHI, W . STRAUSS AND R . MONACO, JUDGES,
ADVOCATE-GENERAL : K . ROEMER
REGISTRAR : A . VAN HOUTTE
RULING ON THE BASIS OF THE PARTIES' STATEMENTS, HAVING REGARD TO THE URGENCY OF THE CASE,
HEREBY ORDERS :
1 . THE APPLICATION MADE ON 24 APRIL 1965 BY THE SAN MICHELE COMPANY FOR THE ADOPTION OF AN INTERIM MEASURE SUSPENDING JUDGMENT IN CASE 9/65 IS DISMISSED;
2 . A NEW PERIOD SHALL BE GRANTED TO THE APPLICANT FOR THE SUBMISSION OF ITS REPLY;
3 . THE APPLICANT SHALL BEAR THE COSTS OF THE PRESENT APPLICATION .