CELEX: 61981CO0229
Language: en
Date: 1982-02-09 00:00:00
Title: Order of the Court of 9 February 1982. # CO.DE.MI. SpA v Commission of Euratom. # Application by the President of the Tribunale, Varese, for the enforcement of an order previously made by him. # Case 229/81.

Avis juridique important

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61981O0229

Order of the Court of 9 February 1982.  -  CO.DE.MI. SpA v Commission of Euratom.  -  Application by the President of the Tribunale, Varese, for the enforcement of an order previously made by him.  -  Case 229/81.  

European Court reports 1982 Page 00377

GroundsOperative part
Grounds

1 ARTICLE 92 ( 1 ) OF THE RULES OF PROCEDURE PROVIDES : ' ' WHERE IT IS CLEAR THAT THE COURT HAS NO JURISDICTION TO TAKE COGNIZANCE OF AN APPLICATION LODGED WITH IT IN PURSUANCE OF ARTICLE 38 ( 1 ), THE COURT MAY BY REASONED ORDER DECLARE THE APPLICATION INADMISSIBLE . ' '  2 THAT PROVISION MUST BE APPLIED IN THE PRESENT CASE . IT IS CLEAR FROM THE VERY TERMS OF THE ORDER MADE ON 20 JULY 1981 BY THE PRESIDENT OF THE TRIBUNALE , VARESE , THAT HE IS REQUESTING THE PRESIDENT OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES TO ' ' ENFORCE , BY HIS DECISION ' ' , THE ORDER WHICH HE HAD MADE ON 12 MAY 1981 FOR THE PROCUREMENT OF A TECHNICAL EXPERT ' S REPORT . NEITHER THE TREATIES NOR THE MEASURES ADOPTED FOR THE PURPOSE OF IMPLEMENTING THEM CONTAIN ANY PROVISION EMPOWERING THE COURT OF JUSTICE OR ITS PRESIDENT TO ORDER THE ENFORCEMENT OF A DECISION OF A NATIONAL COURT .    3 CONSEQUENTLY , BOTH THE COURT AND ITS PRESIDENT PLAINLY HAVE NO JURISDICTION TO TAKE COGNIZANCE OF THE APPLICATION MADE BY THE PRESIDENT OF THE TRIBUNALE IN HIS ORDER OF 20 JUNE 1981 , AND THE APPLICATION MUST THEREFORE , BY VIRTUE OF THE ABOVE-CITED PROVISIONS OF ARTICLE 92 OF THE RULES OF PROCEDURE , BE DECLARED INADMISSIBLE .    

Operative part

ON THOSE GROUNDS , THE COURT  HEREBY :    DECLARES THE APPLICATION TO BE INADMISSIBLE .