CELEX: 61965CO0002
Language: en
Date: 1965-02-12 00:00:00
Title: Order of the President of the Court of 12 February 1965. # Ferriera Ernesto Preo e Figli v High Authority of the ECSC. # Case 2-65 R.

Avis juridique important

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61965O0002

Order of the President of the Court of 12 February 1965.  -  Ferriera Ernesto Preo e Figli v High Authority of the ECSC.  -  Case 2-65 R.  

European Court reports French edition Page 00334 Dutch edition Page 00387 German edition Page 00580 Italian edition Page 00259 English special edition Page 00231

PartiesSubject of the caseGroundsOperative part
Parties

++++IN CASE 2/65 R  FERRIERA ERNESTO PREO E FIGLI, SOCIETA IN NOME COLLETTIVO, HAVING ITS REGISTERED OFFICE IN VENEZIA-MARGHERA, REPRESENTED AND ASSISTED BY RAOUL LEVIS OF THE VENICE BAR AND OF THE CORTE DI CASSAZIONE, ROME, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF CAMILLE WAGNER, 31 RUE DES ROSES,  APPLICANT,  V  HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY, REPRESENTED BY ITS LEGAL ADVISER, ITALO TELCHINI, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT ITS OFFICES, 2 PLACE DE METZ,  DEFENDANT,  

Subject of the case

APPLICATION FOR THE SUSPENSION OF THE OPERATION OF TWO INDIVIDUAL DECISIONS OF THE HIGH AUTHORITY CONCERNING THE CONTRIBUTIONS DUE BY THE APPLICANT UNDERTAKING UNDER THE SCHEME FOR THE EQUALIZATION OF IMPORTED FERROUS SCRAP . 

Grounds

WHEREAS THE APPLICANT UNDERTAKING, BY APPLICATION LODGED AT THE COURT REGISTRY ON 15 JANUARY 1965, SOUGHT THE ANNULMENT OF TWO DECISIONS OF THE HIGH AUTHORITY OF 13 NOVEMBER 1964, THE FIRST OF WHICH FIXES THE TONNAGE OF THE APPLICANT'S FERROUS SCRAP CHARGEABLE FOR THE PERIOD FROM 1 OCTOBER 1956 TO 30 NOVEMBER 1958 AND THE SECOND OF WHICH, ON THE BASIS OF THIS FIGURE, REQUIRES IT TO PAY THE SUM OF 55 700 153 LIRE BY WAY OF EQUALIZATION CONTRIBUTIONS;  WHEREAS BY A SEPARATE DOCUMENT, LODGED AT THE REGISTRY ON 25 JANUARY 1965, THE APPLICANT REQUESTED THE COURT, BEFORE GIVING A RULING ON THE SUBSTANCE OF THE CASE, TO ORDER THE SUSPENSION OF THE OPERATION OF THE TWO DECISIONS CONTESTED IN THE MAIN ACTION;  WHEREAS BY A DOCUMENT LODGED ON 29 JANUARY 1965, THE DEFENDANT CONTENDED THAT THE PRESENT APPLICATION SHOULD BE DISMISSED AS INADMISSIBLE OR, IN ANY EVENT, AS UNFOUNDED, AND THAT THE DECISION ON COSTS SHOULD BE RESERVED FOR THE FINAL JUDGMENT .  WHEREAS PURSUANT TO ARTICLE 83(2 ) OF THE RULES OF PROCEDURE AN APPLICATION FOR SUSPENSION SHALL STATE ' THE SUBJECT MATTER OF THE DISPUTE, THE CIRCUMSTANCES GIVING RISE TO URGENCY AND THE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE INTERIM MEASURES ' APPLIED FOR;  WHEREAS THE APPLICATION FOR SUSPENSION IN THIS CASE DOES NOT COMPLY WITH THESE REQUIREMENTS;  WHEREAS IT STATES NO CIRCUMSTANCE OF SUCH A NATURE AS TO PROVE A CASE OF URGENCY NOR DOES IT PUT FORWARD ANY GROUNDS CAPABLE OF ESTABLISHING A CASE FOR GRANTING THE SUSPENSION REQUESTED;  WHEREAS THE APPLICATION IS THEREFORE INADMISSIBLE;  

Operative part

THE PRESIDENT OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES  HEREBY ORDERS :  1 . THE APPLICATION IS DISMISSED;  2 . THE COSTS ARE RESERVED .