Order of the President of the Court of 29 September 1982. - Ford Werke AG and Ford of Europe Incorporated v Commission of the European Communities. - Joined cases 229 and 228/82 R.
European Court reports 1982 Page 03091
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
1 . APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - INTERIM MEASURES - CONDITIONS FOR GRANT
( EEC TREATY , ARTS 185 AND 186 ; RULES OF PROCEDURE , ART . 83 ( 2 ))
2 . COMPETITION - AGREEMENTS , DECISIONS OR CONCERTED PRACTICES - PROHIBITION - EXEMPTION - INDIVIDUAL EXEMPTION - CONDITIONS FOR GRANT - AMENDMENTS OF NOTIFIED AGREEMENT - SCOPE
( EEC TREATY , ART . 85 ( 3 ); REGULATION NO 17 OF THE COUNCIL , ART . 8 )
3 . COMPETITION - ADMINISTRATIVE PROCEDURE - TERMINATION OF INFRINGEMENTS - ADOPTION OF PROVISIONAL MEASURES - POWERS OF THE COMMISSION
( EEC TREATY , ART . 87 ; REGULATION NO 17 OF THE COUNCIL , ART . 3 )
Summary
1 . SUSPENSION OF THE OPERATION OF A DECISION AND THE OTHER INTERIM MEASURES WHICH THE COURT OF JUSTICE MAY ORDER IN PURSUANCE OF ARTICLES 185 AND 186 OF THE TREATY MAY ONLY BE CONSIDERED IF THE CIRCUMSTANCES OF FACT AND LAW RELIED UPON FOR THE PURPOSE OF OBTAINING THEM PRIMA FACIE JUSTIFY THE GRANTING OF THEM . IN ADDITION THEY MUST BE URGENTLY REQUIRED , INASMUCH AS , IN ORDER TO PREVENT THE PARTY APPLYING FOR THEM FROM SUFFERING GRAVE AND IRREPARABLE HARM , IT IS NECESSARY THAT THEY BE ADOPTED AND PUT INTO EFFECT BEFORE THE COURT ' S DECISION ON THE SUBSTANCE OF THE CASE . FINALLY , THEY MUST BE PROVISIONAL , SO AS TO BE WITHOUT PREJUDICE TO THAT DECISION .
2.THERE IS NO DOUBT THAT THE COMMISSION HAS AUTHORITY , WHEN REQUIRED TO DECIDE UPON AN APPLICATION FOR EXEMPTION UNDER ARTICLE 85 ( 3 ) OF THE TREATY , TO MAKE SUCH EXEMPTION SUBJECT TO CERTAIN CONDITIONS AND TO REQUIRE AMENDMENTS TO BE MADE TO THE AGREEMENT NOTIFIED . THOSE AMENDMENTS MAY BE DESIGNED NOT ONLY TO REMOVE CERTAIN CLAUSES BUT ALSO TO SUPPLEMENT OR EXTEND THE SCOPE OF THE AGREEMENT IN QUESTION .
3.THE COMMISSION MUST BE ABLE , WITHIN THE BOUNDS OF THE SUPERVISORY TASK CONFERRED UPON IT IN COMPETITION MATTERS BY THE TREATY AND REGULATION NO 17 , TO TAKE PROTECTIVE MEASURES TO THE EXTENT TO WHICH THEY APPEAR INDISPENSABLE IN ORDER TO PREVENT ITS SUBSEQUENT DECISION FROM BECOMING INEFFECTIVE . IT IS NEVERTHELESS NECESSARY FOR THOSE INTERIM MEASURES TO BE TAKEN ONLY IN CASES OF PROVEN URGENCY , IN ORDER TO PREVENT THE OCCURRENCE OF A SITUATION LIKELY TO CAUSE GRAVE AND IRREPARABLE HARM TO THE PARTY APPLYING FOR THEIR ADOPTION OR INTOLERABLE DAMAGE TO THE PUBLIC INTEREST . THE MEASURES MUST BE OF A TEMPORARY AND CONSERVATORY NATURE AND MUST BE LIMITED TO WHAT IS NECESSARY IN THE GIVEN