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

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION - CONDITIONS GOVERNING THE GRANT OF SUCH A MEASURE - MAIN PROCEEDINGS BROUGHT OUT OF TIME
( ECSC TREATY , ART . 39 ; RULES OF PROCEDURE , ART . 83 ( 2 ))

IN CASE 50/84 R
SRL BENSIDER , WHOSE REGISTERED OFFICE IS AT 99 , VIA PIONIERI DELL ' ARIA , 33080 ROVEREDO IN PIANO ( ITALY ),
SA SIPROTOLE , WHOSE REGISTERED OFFICE IS AT 38 , RUE DES DEUX-EGLISES , 4108 NEUPRE ( BELGIUM ),
SA VILLEVOYE-INTEROL , WHOSE REGISTERED OFFICE IS AT 13 , RUE DES PEUPLIERS , 4430 ALLEUR ( BELGIUM ),
SPRL HAIDON ET HUBIN , WHOSE REGISTERED OFFICE IS AT 71 , GRAND ' ROUTE , TIHANGE-LEZ-HUY ( BELGIUM ),
JEAN MORSA , DEALER IN METALLURGICAL PRODUCTS , RESIDING AT 23 , AVENUE DU CHERET , 4920 EMBOURG-CHAUDFONTAINE ( BELGIUM ),
SOCIETE COOPERATIVE DY METAL , WHOSE REGISTERED OFFICE IS AT 172 , RUE GEORGES-MOREAU , 1070 BRUSSELS ( BELGIUM ),
SA CHARLEMETAL , WHOSE REGISTERED OFFICE IS AT 347/1 , AVENUE DES CROIX DE GUERRE , 1120 BRUSSELS ( BELGIUM ),
REPRESENTED BY RENE SWENNEN , OF THE LIEGE BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF JEAN WAGENER , AVOCAT , 10 A , BOULEVARD DE LA FOIRE ,
APPLICANTS ,
V
COMMISSION OF THE EUROPEAN COMMUNITIES , 200 , RUE DE LA LOI , 1049 BRUSSELS , REPRESENTED BY ITS LEGAL ADVISER , E . LASNET , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MANFRED BESCHEL , A MEMBER OF ITS LEGAL DEPARTMENT , BATIMENT JEAN MONNET , KIRCHBERG ,
DEFENDANT ,

APPLICATION , PURSUANT TO ARTICLE 39 OF THE ECSC TREATY , FOR SUSPENSION OF THE OPERATION OF COMMISSION DECISION NO 3717/83/ECSC OF 23 DECEMBER 1983 , INTRODUCING FOR STEEL UNDERTAKINGS AND STEEL DEALERS A PRODUCTION CERTIFICATE AND AN ACCOMPANYING DOCUMENT FOR DELIVERIES OF CERTAIN PRODUCTS ,

23 BY VIRTUE OF ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE OF THE COURT , FOR THE OPERATION OF A DECISION TO BE SUSPENDED AND FOR OTHER INTERIM MEASURES TO BE ORDERED THERE MUST BE CIRCUMSTANCES GIVING RISE TO URGENCY AND FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THOSE MEASURES .

24 AS REGARDS THE SIX APPLICANTS RESIDENT IN BELGIUM THE MAIN ACTION WAS CLEARLY BROUGHT AFTER THE PERIOD PRESCRIBED BY THE ECSC TREATY HAD EXPIRED . IN THOSE CIRCUMSTANCES , TO ORDER THE SUSPENSION OF THE OPERATION OF A COMMISSION DECISION WOULD PROVIDE A MEANS OF CIRCUMVENTING THE MANDATORY RULES LAID DOWN BY THE TREATY FOR INSTITUTING PROCEEDINGS FOR A DECLARATION OF NULLITY . THE APPLICATION MUST THEREFORE BE DISMISSED AS FAR AS THOSE APPLICANTS ARE CONCERNED .

25 AS REGARDS THE COMPANY BENSIDER , THE MAIN APPLICATION WAS MADE WITHIN THE PRESCRIBED PERIOD . IN THESE PROCEEDINGS RELATING TO THE APPLICATION FOR INTERIM MEASURES IT IS UNNECESSARY TO RULE , EVEN PROVISIONALLY , ON BENSIDER ' S CAPACITY TO INSTITUTE PROCEEDINGS AT THE TIME WHEN THE MAIN APPLICATION WAS LODGED AT THE COURT REGISTRY . IT IS SUFFICIENT TO NOTE THAT , EVEN IF THE VIEW MOST FAVOURABLE TO THE COMPANY BENSIDER IS ADOPTED , THAT COMPANY WAS CONSTITUTED ON 9 FEBRUARY 1984 AT THE EARLIEST . IT BASES ITS APPLICATION FOR SUSPENSION ON AN ALLEGED MISUSE OF POWERS AFFECTING IT BY THE COMMISSION IN A A DECISION ADOPTED BY THE LATTER ON 23 DECEMBER 1983 . SINCE AT THAT DATE THE COMPANY BENSIDER DID NOT EXIST THE COMMISSION COULD NOT HAVE BEEN GUILTY OF A MISUSE OF POWERS IN AFFECTING IT . ACCORDINGLY , SINCE THAT COMPANY HAS BEEN UNABLE TO ADDUCE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR A SUSPENSION OF THE OPERATION OF THE CONTESTED DECISION , THE APPLICATION MUST ALSO BE DISMISSED IN ITS CASE .

ON THOSE GROUNDS ,
THE PRESIDENT OF THE COURT ,
BY WAY OF AN INTERIM DECISION ,
HEREBY ORDERS AS FOLLOWS :
1 . THE APPLICATION IS DISMISSED ;

2 . THE COSTS ARE RESERVED .