Order of the President of the Court of 14 December 1982. - Nederlandse Sigarenwinkeliers Organisatie v Commission of the European Communities. - Case 260/82 R.
European Court reports 1982 Page 04371
Parties
Grounds
Operative part
Keywords
APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - CONDITIONS FOR GRANTING
( EEC TREATY , ART . 135 ; RULES OF PROCEDURE , ART . 83 ( 2 ))
Parties
IN CASE 260/82 R
NEDERLANDSE SIGARENWINKELIERS ORGANISATIE , AN ASSOCIATION GOVERNED BY NETHERLANDS LAW , WHOSE REGISTERED OFFICE IS AT HAARLEM , WITH OFFICES AT THE HAGUE , REPRESENTED FOR THE PURPOSES OF THESE PROCEEDINGS BY T . R . OTTERVANGER OF THE ROTTERDAM BAR , WITH CHAMBERS AT 66 KORTENBERGLAAN , BRUSSELS , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF E . A . ARENDT , ADVOCATE , RUE PHILIPPE-II ,
APPLICANT ,
V
COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER B . VAN DER ESCH , ACTING AS AGENT , ASSISTED BY C . E . M . VAN NISPEN TOT SEVENAER OF THE BAR OF THE HAGUE , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF O . MONTALTO , LEGAL ADVISER , JEAN MONNET BUILDING , KIRCHBERG ,
DEFENDANT .
Grounds
1 THE NEDERLANDSE SIGARENWINKELIERS ORGANISATIE ( NETHERLANDS TOBACCONISTS ' ORGANIZATION ) CLAIMS IN SUBSTANCE THAT THE IMMEDIATE OPERATION OF THE PROHIBITION ON THE APPLICATION OF THE SPECIALIST RETAILERS ' BONUS SCHEME WOULD ENTAIL GRAVE AND IRREPARABLE HARM WHICH COULD NOT BE AVOIDED EVEN IF , AT A LATER STAGE , THE CONSTETED DECISION WERE TO BE DECLARED VOID TO THE EXTENT SOUGHT BY THE APPLICANT .
2 IN THAT REGARD THE APPLICANT MAINTAINS THAT A LARGE PROPORTION OF ITS MEMBERS ARE MINOR RETAILERS FOR WHOM THE BONUS REPRESENTS A SIGNIFICANT PART OF THEIR INCOMES , EVEN IF THE AMOUNT IS RELATIVELY SMALL .
3 THE DEFENDANT , ON THE OTHER HAND , CONTENDS IN SUBSTANCE THAT THE SPECIALIST RETAILERS ' BONUS SCHEME CONCERNS MAJOR RETAILERS AND THAT THE SUMS PROVIDED FOR UNDER THE SCHEME ARE NOT SUCH AS TO AFFORD REASONABLE GROUNDS FOR THE VIEW THAT THEIR NON-PAYMENT UNDERMINES THE SPECIALIST RETAILERS ' GUARANTEE OF SUBSISTENCE . THE DEFENDANT ADDS THAT THE DISPUTED DECISION ALLOWS THE APPLICANT TO NEGOTIATE SEPARATELY WITH INDIVIDUAL MANUFACTURERS AND IMPORTERS SO THAT IT IS NOT POSSIBLE TO SUGGEST THAT GRAVE AND IRREPARABLE HARM WILL BE CAUSED BY THE NECESSITY OF WAITING UNTIL JUDGMENT HAS BEEN GIVEN ON THE MAIN APPLICATION .
4 IN ADDITION , THE DEFENDANT STATES THAT IT APPRECIATES THE TECHNICAL COMPLICATIONS WHICH ARISE FROM THE SUSPENSION OF THE APPLICATION OF THE SCHEME ON 15 JULY 1982 AND , FOR THAT AND OTHER REASONS , IT RAISES NO OBJECTION TO THE SUSPENSION OF THE OPERATION OF THE FIRST PARAGRAPH OF ARTICLE 4 OF THE CONTESTED DECISION , IN SO FAR AS THAT SUSPENSION RELATES TO THE SPECIALIST RETAILERS ' BONUS SCHEME FOR 1982 . THE DEFENDANT ALSO