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/1982/C31881R.html
Cite as: [1982] EUECJ C-318/81R

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61981O0318
Order of the President of the Court of 28 April 1982.
Commission of the European Communities v CO.DE.MI. SpA.
Appointment of a technical expert.
Case 318/81 R.
European Court reports 1982 Page 01325

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - APPOINTMENT OF A TECHNICAL EXPERT
( EAEC TREATY , ART . 158 ; STATUTE OF THE COURT OF JUSTICE OF THE EAEC , ART . 37 ; RULES OF PROCEDURE , ART . 83 ( 2 ))

IN CASE 318/81 R
COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , GIANLUIGI CAMPOGRANDE , ACTING AS AGENT , ASSISTED BY PIETRO ZICCARDI , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ORESTE MONTALTO , JEAN MONNET BUILDING , KIRCHBERG ,
APPLICANT ,
V
CO.DE.MI . SPA , WHOSE REGISTERED OFFICE IS IN MILAN , REPRESENTED AND ASSISTED BY MARIO SAVANCO , OF THE MILAN BAR , AND ERNEST ARENDT , OF THE LUXEMBOURG BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF THE LATTER IN CENTRE LOUVIGNY , RUE PHILIPPE-II ,
DEFENDANT ,

1 PURSUANT TO ARTICLE 158 OF THE EAEC TREATY , ARTICLE 37 OF THE STATUTE OF THE COURT OF JUSTICE OF THE EAEC AND ARTICLE 83 OF THE RULES OF PROCEDURE OF THE COURT , THE PRESIDENT OF THE COURT MAY , AT THE REQUEST OF ONE OR MORE PARTIES TO A DISPUTE BROUGHT BEFORE THE COURT , PRESCRIBE THE NECESSARY INTERIM MEASURES PENDING A DECISION ON THE SUBSTANCE OF THE CASE .

2 THE CHECKS REQUESTED AT THIS STAGE OF THE PROCEEDINGS BOTH BY THE COMMISSION AND BY THE DEFENDANT ARE OF A PRECAUTIONARY AND URGENT NATURE . IN PARTICULAR THEY ARE NECESSARY IN ORDER TO DETERMINE THE SITUATION ON SITE ON THE DATE WHEN WORK WAS SUSPENDED AS A RESULT OF THE DISPUTE BETWEEN THE PARTIES . MOREOVER , IT IS IN THE INTERESTS OF THE PARTIES FOR AN INSPECTION , AT WHICH THEY ARE BOTH REPRESENTED , TO BE CARRIED OUT REGARDING THE STATE OF THE SITE AND OF THE CONTRUCTION WORK ALREADY PERFORMED . THE CHECKS TO BE CARRIED OUT WILL MOREOVER BE WITHOUT PREJUDICE TO ANY OTHER PREPARATORY INQUIRIES REQUESTED BY THE PARTIES IN THE MAIN PROCEEDINGS , WHICH MAY BE ORDERED BY THE COURT AT A LATER STAGE .

3 IT IS THEREFORE APPROPRIATE TO APPOINT AN EXPERT TO CARRY OUT THE CHECKS SPECIFIED BELOW .

ON THOSE GROUNDS ,
THE PRESIDENT ,
BY WAY OF INTERIM MEASURE ,
HEREBY ORDERS AS FOLLOWS :
1 . MR C ., OF MILAN , LIBERO PROFESSIONISTA CONSULENTE DEL TRIBUNALE ( PROFESSIONAL CONSULTANT TO THE COURT ), IS HEREBY APPOINTED AS A TECHNICAL EXPERT AND , AFTER INVITING THE PARTIES TO BE PRESENT , ATTENDING ON SITE AND OBTAINING SUCH INFORMATION AS HE MAY CONSIDER RELEVANT , WHICH SHALL FORTHWITH BE DISCLOSED OR FURNISHED TO HIM BY THE PARTIES TO THE MAIN PROCEEDINGS , SHALL :
( A ) DESCRIBE THE WORKS EXECUTED BY CO.DE.MI . ON THE SITES WHERE THE BUILDINGS AT THE ISPRA CENTRE , REFERRED TO AS IP AND MB IN THE COMMISSION ' S LETTERS OF 14 AND 20 DECEMBER 1979 COMMISSIONING THOSE WORKS , ARE UNDER CONSTRUCTION AND DETERMINE HOW FAR THEY HAVE PROGRESSED ;

( B)DESCRIBE THE QUALITATIVE STANDARD OF THE WORKS , IN PARTICULAR THEIR PRESENT CONDITION AND THE EXTENT TO WHICH THEY CONFORM TO THE REQUIREMENTS LAID DOWN IN THE CLAUSES AND CONDITIONS ;

( C)DESCRIBE THE EQUIPMENT AND MATERIALS STILL ON SITE AND THEIR PRESENT CONDITION .

2.THE TECHNICAL EXPERT HEREBY APPOINTED IS AUTHORIZED TO CALL UPON THE SERVICES OF LOCAL TECHNICAL ASSISTANTS IF HE CONSIDERS SUCH ASSISTANCE NECESSARY FOR THE DISCHARGE OF THE DUTIES ENTRUSTED TO HIM .

3.THE TECHNICAL EXPERT SHALL INFORM THE COURT OF HIS FINDINGS IN A WRITTEN REPORT WITHIN THREE MONTHS AFTER NOTIFICATION TO HIM OF THIS ORDER ; BEFORE SO DOING HE SHALL SUBMIT HIS DRAFT REPORT TO THE PARTIES , ALLOWING THEM A BRIEF PERIOD NOT EXCEEDING 10 DAYS IN WHICH TO MAKE ANY OBSERVATIONS .

4.THE COMMISSION SHALL MAKE SUCH FUNDS AVAILABLE AS MAY BE NECESSARY FOR THE DISCHARGE OF THE DUTIES ENTRUSTED TO THE TECHNICAL EXPERT .

5.COSTS ARE RESERVED .

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