CELEX: 61976CO0027
Language: en
Date: 1976-04-05 00:00:00
Title: Order of the President of the Second Chamber of the Court of 5 April 1976. # United Brands Company and United Brands Continentaal BV v Commission of the European Communities. # Case 27-76 R.

Avis juridique important

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61976O0027

Order of the President of the Second Chamber of the Court of 5 April 1976.  -  United Brands Company and United Brands Continentaal BV v Commission of the European Communities.  -  Case 27-76 R.  

European Court reports 1976 Page 00425

PartiesGroundsOperative part
Parties

IN CASE 27/76 R UNITED BRANDS COMPANY , A COMPANY REGISTERED IN NEW JERSEY , UNITED STATES OF AMERICA ,   AND  UNITED BRANDS CONTINENTAAL BV , A NETHERLANDS COMPANY HAVING ITS REGISTERED OFFICE AT 3 VAN VOLLENHOVENSTRAAT , 3002 ROTTERDAM , REPRESENTED AND ASSISTED BY IVO VAN BAEL AND JEAN-FRANCOIS BELLIS OF THE BRUSSELS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MR ELVINGER AND MR HOSS , 84 GRAND RUE ,   APPLICANTS ,   V COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISERS , ANTONIO MARCHINI-CAMIA AND JOHN TEMPLE LANG , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MARIO CERVINO , BATIMENT CFL , PLACE DE LA GARE ,   DEFENDANT ,    

Grounds

FINDING THAT , AS REGARDS THE INTERIM MEASURES , THE PARTIES ARE NO LONGER OPPOSED IN LAW , THE PRESIDENT CONSIDERS THAT THERE ARE GROUNDS FOR ORDERING THE SAID MEASURES , WHILST TAKING NOTE OF THE DECLARATIONS MADE BY THE PARTIES CONCERNING IN PARTICULAR THE AMENDMENT OF THE CLAUSE CONCERNING THE RE-SALE OF BANANAS WHILE STILL GREEN .   IT IS THEREFORE POSSIBLE TO REACH A DECISION WITHOUT OPENING THE ORAL PROCEDURE , WHICH HAS BECOME UNNECESSARY .   IT IS UNNECESSARY , AT THIS STAGE , TO MAKE ANY ORDER AS TO COSTS .    

Operative part

ON THOSE GROUNDS , THE PRESIDENT  AS AN INTERIM MEASURE HEREBY :   ORDERS  1 . THE SUSPENSION OF THE OPERATION OF ARTICLE 3 ( A ) AND THE FIRST INDENT OF ARTICLE 3 ( B ) OF THE DECISION OF THE COMMISSION OF 17 DECEMBER 1975 ( IV/26 699 ) IS GRANTED UNTIL JUDGMENT IS GIVEN ON THE SUBSTANCE OF CASE 27/76 , IN SO FAR AS THE APPLICANTS HAVE NOT ALREADY OF THEIR OWN ACCORD BROUGHT TO AN END THE INFRINGEMENTS REFERRED TO BY THE COMMISSION IN ARTICLE 1 OF THE SAID DECISION ;   2 . THE COSTS ARE RESERVED .