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/1979/C3179R.html
Cite as: [1979] EUECJ C-31/79R

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61979O0031
Order of the President of the Court of 27 March 1979.
Société des Aciéries de Montereau v Commission of the European Communities.
Case 31-79 R.
European Court reports 1979 Page 01077

IN CASE 31/79 R
SOCIETE DES ACIERIES DE MONTEREAU , MONTEREAU FAULT YONNE , FRANCE , REPRESENTED AND ASSISTED BY MESSRS BRUCKHAUS , KREIFELS , WINKHAUS , LIEBERKNECHT , CANENBLEY AND MOOSECKER , 2 BERLINER ALLEE , DUSSELDORF , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ALEX BONN , 22 COTE D ' EICH ,
APPLICANT ,
V
COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY GOTZ ZUR HAUSEN , A MEMBER OF THE COMMISSION ' S LEGAL DEPARTMENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MARIO CERVINO , LEGAL ADVISER TO THE COMMISSION , JEAN MONNET BUILDING , KIRCHBERG ,
DEFENDANT ,

1ACCORDING TO ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE , AN APPLICATION TO SUSPEND THE OPERATION OF ANY MEASURE ADOPTED BY AN INSTITUTION MUST STATE THE CIRCUMSTANCES GIVING RISE TO URGENCY AND THE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE INTERIM MEASURES APPLIED FOR .

2THERE IS NO NEED TO CONSIDER WHETHER THE GROUNDS INVOKED BY THE APPLICANT , NAMELY ITS ' ' EXTREMELY DIFFICULT ECONOMIC SITUATION ' ' AND THE FINANCIAL DISADVANTAGES ATTACHED TO IMMEDIATE PAYMENT OF THE FINE ARE OF SUCH A NATURE AS TO CONSTITUTE A SUFFICIENT GROUND FOR SUSPENDING THE OPERATION OF THE CONTESTED DECISION .

AS THE COMMISSION HAS STATED THAT IT IS WILLING NOT TO PROCEED TO ENFORCEMENT OF THE CONTESTED DECISION AS LONG AS THE MAIN ACTION IS PENDING IT IS IN ANY EVENT CERTAIN THAT THE SUSPENSION OF THE OPERATION OF THE COMMISSION DECISION OF 10 JANUARY 1979 WHICH HAS BEEN REQUESTED IS NEITHER URGENT NOR JUSTIFIED .

THE APPLICATION MUST THEREFORE BE DISMISSED .

3COSTS SHOULD BE RESERVED UNTIL FINAL JUDGMENT IN THE MAIN ACTION .

ON THOSE GROUNDS , THE PRESIDENT , AS AN INTERLOCUTORY DECISION , HEREBY ORDERS AS FOLLOWS :
1 . THE APPLICATION IS DISMISSED .

2 . COSTS ARE RESERVED UNTIL FINAL JUDGMENT IN CASE 31/79 .

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