Súdny dvor Európskej únie·Uznesenie·24.11.1955

C-7/54

ECLI:EU:C:1955:12

Súd: Súdny dvor Európskej únie
IČS: 61954CO0007
Zdroj: eur-lex.europa.eu ↗

ORDER OF 24.11.1955 — JOINED CASES 7 AND 9/54

ciations within the meaning of Articles 80 be' and for the purpose of ascertaining the and 48 of the Treaty have the right to in nature of the application provided for in stitute proceedings. They claim that the the third paragraph. It is also impossible to applicant does not come within this defi understand why the group of persons who nition because it is an association of con can invoke a duty or power to act in the sumers. Nor can it rely on the fact that one case of a failure to act on the part of the ofits members is an association of produc High Authority should be more extensive ers, in other words the Groupement des In than the group of persons entitled to con dustries Sidérurgiques Luxembourgeoises, test a positive wrongful measure. As I have because it has a legal personality different also already stated, the right of undertak from the latter and the Groupement des In ings, employees, consumers and dealers dustries Sidérurgiques Luxembourgeoises and their associations to present any sug has lodged its own application. gestions or comments to the High Authori The applicant counters this argument by ty on questions affecting them which is laid referring to the fact that Article 35 does not down in the second paragraph ofArticle 46 contain the reference to Article 48 made in does not in my opinion state whether these Article 33. Therefore the group of persons persons also have the right to institute pro entitled to institute proceedings is wider in ceedings ifthe High Authority does not fol Article 35 than in Article 33 and covers all low their suggestions. The capacity to in associations within the meaning of Article stitute proceedings must rather be deduced 46 of the Treaty. merely from Article 35 and must be deli According to the statements made in Ap mited there by analogy with Article 33. plication 7/54, to which I refer, Article 35 For these reasons I do not see any possi is a case of the application of Article 33. bility of declaring these applications ad The group ofpersons who have capacity to missible. Therefore in my opinion all fur institute proceedings is in both cases the ther legal considerations and examinations same. Article 35 must be completed with to which the statements of the parties and the help of Article 33, as was necessary ofthe intervener would have otherwise giv with regard to the words 'as the case may en rise are inapplicable.

II. In Joined Cases 8/54 and 10/54, Association des Utilisateurs de Charbon du Grand-Duché de Luxembourg v the High Authority, I conclude that

the applications should be dismissed as inadmissible and the applicant should be ordered to bear the costs, including the costs of the application to intervene.

ORDER OF THE COURT 24 NOVEMBER 1955<appnote>1</appnote>

Having regard to the application submitted by the Luxembourg Government on 30 September 1955 to intervene in the actions pending before the Court of Jus tice of the European Communities

between

GROUPEMENT DES INDUSTRIES SIDÉRURGIQUES LUXEMBOURGEOISES

1 — Language of the Case: French.

INDUSTRIES SIDÉRURGIQUES LUXEMBOURGEOISES V HIGH AUTHORITY

and

HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY

(Joined Cases 7 and 9/54);

Having regard to the written observations and conclusions submitted on 24 Oc tober 1955 by the High Authority, the defendant in the main action; Having regard to the written observations and conclusions submitted on the same date by the Groupement des Industries Sidérurgiques Luxembourgeoises, the applicant in the main action; Upon hearing the parties; Upon hearing the opinion of the Advocate General; Whereas the first paragraph of Article 34 of the Statute of the Court of Justice of the ECSC provides that natural or legal persons establishing an interest in the result of any case submitted to the Court may intervene in that case; Whereas the second paragraph ofthe above-mentioned article specifies that sub missions made in an application to intervene shall be limited to supporting or requesting the rejection of the submissions of one of the parties; Whereas the interest of the Luxembourg Government in intervening in the case is incontestable and has not been contested; Whereas the submissions made in the application to intervene request only that the application lodged by the Groupement des Industries Sidérurgiques Luxem bourgeoises should be dismissed and for that reason comply with the provisions of the second paragraph of Article 34 of the Statute of the Court of Justice of the ECSC;

THE COURT

composed of: M. Pilotti, President, L. Delvaux and A. van Kleffens (Presidents of Chambers), P. J. S. Serrarens, O. Riese, J. Rueff, Ch. L. Hammes, Judges,

Advocate General: K. Roemer Registrar: A. Van Houtte

hereby orders:

The Luxembourg Government is given leave to intervene.

The examination of the submissions and arguments put forward in the ap plication to intervene and of their admissibility is reserved for the final judg ment.

OPINION OF MR ROEMER — JOINED CASES 7 AND 9/54

The costs are reserved.

Luxembourg, 24 November 1955.

A. Van Houtte M. Pilotti Registrar President

OPINION OF MR ADVOCATE GENERAL ROEMER<apnote>1</apnote>

Mr President, ein berechtigtes Interesse am Ausgang Members of the Court, eines bei dem Gerichtshof anhängigen Rechtsstreites haben...'; the official Neth I have the honour to deliver my opinion on erlands text the words: Personen die the application to intervene lodged by the kunnen bewijzen, dat zij belang hebben Government of the Grand Duchy of Lux ....'; the Italian text corresponds to the embourg in the cases of French. The Luxembourg Government has explained its interest in supporting the 1. Groupement des Industries Sidérur submissions of the defendant, the High giques Luxembourgeoises, applicant, v Authority, requesting that the application High Authority of the European Coal and be dismissed and in helping the defendant Steel Community, defendant, to win the case. The two applicants and the defendant have acknowledged that this in 2. Association des Utilisateurs de Char terest in the result of the main action has bon du Grand-Duché de Luxembourg, ap been established. Since the question which plicant, v High Authority, defendant. must be decided in the main action is whether the system for the subsidizing of The Government of the Grand Duchy of domestic fuel introduced by the Luxem Luxembourg applied shortly before the bourg Government is in acordance with closure of the written procedure, as the the Treaty or whether this system should Judge-Rapporteur points out, to intervene have prompted the High Authority to in in support of the defendant in these cases, tervene, the interest of the intervener has which are pending before the Court. The evidently been established. question of admissibility arises in the same So far as the form of the applications to in way in respect of both applications to in tervene is concerned, the High Authority tervene. By order oftoday's date the Court as defendant has raised no objections. In has permitted the joint discussion of the this respect the applicant associations cases by the parties. Therefore I may also merely refer to the absence of a schedule of treat both applications jointly. the documents annexed in support of the application. This objection is unfounded The only substantial condition for the ad since in fact there are no documents missibility of an application to intervene annexed to the application. is, under Article 34 of the Statute of the The restriction of an application to inter Court ofJustice of the ECSC, an interest in vene to the support of a main party which the result of the case. The French text de is laid down in the second paragraph ofAr scribes this with the words: 'Les personnes ticle 34 of the Statute of the Court of Jus ... justifiant d'un intérêt à la solution d'un tice ofthe ECSC and in Article 71 (2) ofthe litige soumis à la Cour'; the official Ger Rules of Procedure must be more closely man text uses the words:'... Personen, die examined. Although they acknowledge the

1 — Translated from the German