CELEX: 61968CO0031(01)
Language: en
Date: 1970-06-16 00:00:00
Title: Order of the Court of 16 June 1970. # SA Chanel v Cepeha Handelsmaatschappij NV. # Reference for a preliminary ruling: Arrondissementsrechtbank Rotterdam - Netherlands. # Case 31-68.

Avis juridique important

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61968O0031(01)

Order of the Court of 16 June 1970.  -  SA Chanel v Cepeha Handelsmaatschappij NV.  -  Reference for a preliminary ruling: Arrondissementsrechtbank Rotterdam - Netherlands.  -  Case 31-68.  

European Court reports 1970 Page 00404

PartiesSubject of the caseGroundsOperative part
Parties

++++IN CASE 31/68  REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE ARRONDISSEMENTSRECHTBANK, ROTTERDAM, FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN  SA CHANEL, HAVING ITS REGISTERED OFFICE IN NEUILLY-SUR-SEINE ( FRANCE ),  AND  CEPEHA HANDELSMAATSCHAPPIJ NV, HAVING ITS REGISTERED OFFICE IN ROTTERDAM,  

Subject of the case

ON THE INTERPRETATION OF ARTICLE 85 OF THE EEC TREATY ( AND OF THE RULES GOVERNING ITS APPLICATION ), 

Grounds

BY JUDGMENT OF 3 DECEMBER 1968 RECEIVED AT THE REGISTRY ON 13 DECEMBER 1968 THE ARRONDISSEMENTSRECHTBANK, ROTTERDAM, MADE A REFERENCE TO THE COURT FOR AN INTERPRETATION OF ARTICLE 85 OF THE EEC TREATY .  THE COURT WAS NOTIFIED BY COMMUNICATION OF 29 JANUARY 1969 FROM THE SAID COURT THAT AN APPEAL HAD BEEN LODGED AGAINST THAT JUDGMENT AND THAT AS A RESULT " EXECUTION OF THE JUDGMENT IS DEFERRED ".  FOLLOWING THIS COMMUNICATION THE COURT DECIDED, BY ORDER OF 3 JUNE 1969, TO SUSPEND JUDGMENT .  BY A LETTER RECEIVED AT THE REGISTRY ON 12 JUNE 1970, THE REGISTRAR OF THE ARRONDISSEMENTSRECHTBANK INFORMED THE COURT THAT A JUDGMENT OF 6 MAY 1970 OF THE GERECHTSHOF, THE HAGUE, HAD AMENDED THE JUDGMENT OF 3 DECEMBER 1968 .  ACCORDINGLY THE REFERENCE FOR INTERPRETATION HAS LOST ITS PURPOSE .  THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES WHICH HAD SUBMITTED ITS OBSERVATIONS TO THE COURT ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE ARRONDISSEMENTSRECHTBANK, ROTTERDAM, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .  

Operative part

THE COURT  HEREBY ORDERS :  CASE 31/68 IS REMOVED FROM THE REGISTER OF THE COURT .