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/1983/C7583.html
Cite as: [1983] EUECJ C-75/83

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IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities. The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice. This electronic version is not authentic and is subject to amendment.

61983O0075
Order of the Court of 19 October 1983.
SpA Ferriere San Carlo v Commission of the European Communities.
Case 75/83.
European Court reports 1983 Page 03123

IN CASE 75/83
SPA FERRIERE SAN CARLO , HAVING ITS REGISTERED OFFICE AT 1 VIA NAZIONALE , CAINO , BRESCIA , ITALY , ACTING THROUGH ITS MANAGING DIRECTOR , FAUSTINO BUSSENI , SURVEYOR , REPRESENTED BY ITS LEGAL ADVISER , FABRIZIO MASSONI OF THE BRUSSELS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ANDRE ELVINGER , 15 COTE D ' EICH ,
APPLICANT ,
V
COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY SERGIO FABRO , A MEMBER OF ITS LEGAL DEPARTMENT ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ORESTE MONTALTO , A MEMBER OF ITS LEGAL DEPARTMENT , JEAN MONNET BUILDING , KIRCHBERG ,
DEFENDANT ,

APPLICATION FOR A DECLARATION THAT THE COMMISSION ' S DECISION OF 24 MARCH 1983 IMPOSING A FINE ON THE APPLICANT FOR EXCEEDING THE STEEL PRODUCTION QUOTAS ALLOCATED TO IT FOR THE THIRD AND FOURTH QUARTERS OF 1981 IS VOID .

6 THE COMMISSION CONTENDED THAT THE WITHDRAWAL OF THE CONTESTED DECISION DEPRIVED THE ACTION OF ITS PURPOSE . THE APPLICANT COMPANY LIKEWISE TOOK THE VIEW THAT THE ARGUMENTS ADDUCED IN SUPPORT OF ITS ACTIONS HAD BECOME SUPERFLUOUS ; NEVERTHELESS , IT DID NOT EXPRESSLY DECLARE THAT ITS ACTION WAS ABANDONED .

7 HAVING BEEN RESCINDED , THE CONTESTED DECISION IS NOW INAPPLICABLE AND THE CONCLUSION MUST THEREFORE BE THAT THE ACTION RELATES TO A DECISION WHICH CAN NO LONGER HAVE ANY ADVERSE EFFECT ON THE APPLICANT COMPANY .

8 SINCE THE ACTION IS THEREFORE NOW DEVOID OF PURPOSE , IT IS UNNECESSARY TO RULE ON IT .

COSTS
9 UNDER THE TERMS OF ARTICLE 69 ( 5 ) OF THE RULES OF PROCEDURE , WHERE A CASE DOES NOT PROCEED TO JUDGMENT THE COSTS SHALL BE IN THE DISCRETION OF THE COURT .

10 THE COURT TAKES THE VIEW THAT THE CIRCUMSTANCES OF THE DISPUTE AND THE COURSE OF THE PROCEDURE DISCLOSE ADEQUATE GROUNDS FOR ORDERING THE PARTIES TO BEAR THEIR OWN COSTS WITHOUT ITS BEING NECESSARY TO CONSIDER THE MERITS OF THE ARGUMENTS ADDUCED IN SUPPORT OF THE ACTION .

ON THOSE GROUNDS ,
THE COURT
HEREBY ORDERS AS FOLLOWS :
1 . IT IS NOT NECESSARY TO GIVE A DECISION ON THE APPLICATION BY FERRIERE SAN CARLO ;

2 . THE PARTIES SHALL BEAR THEIR OWN COSTS .

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