Court of Justice of the European Communities (including Court of First Instance Decisions)

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URL: http://www.bailii.org/eu/cases/EUECJ/1970/R3168_rev.html
Cite as: [1970] EUECJ R-31/68

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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

++++
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,

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

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 .

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

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