C-31/62
ECLI:EU:C:1962:37
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WÖHRMANN v COMMISSION
be instituted. If the application is applicants have not submitted that the directed against a measure which has measures in dispute only came to their been published, the period clearly runs knowledge within the two months pre from 'the publication of the measure'. ceding the commencement of their This is particularly clear from the proceedings. French, Italian and Dutch texts of the We therefore arrive at the result that the
Treaty. applicants cannot achieve their ob I have already mentioned the dates of jective by the means they have chosen, publication in the Official Journal of the that is to say, by bringing the matter contested measures. The following dates directly before the Court of Justice. should be noted: 13 April 1961, 2 May The reservations they have expressed 1961 and 27 January 1962. The applica on the question whether their interests tions were lodged on 4 October and 9 are sufficiently protected by the oppor October 1962. As the period during which tunity of invoking the illegality of the proceedings must be instituted is two decisions of the Commission within the months, it is therefore clear that the framework of legal proceedings in proceedings were not instituted within stituted under national law, and of the prescribed period. Even if one persuading the national court to refer wished to take the view that this period the matter in question to the Court of would start to run when the parties Justice under Article 177, are primarily affected came to know of the measure, matters for national courts to decide even if this is only at a later date, this and cannot be dealt with here. would make no difference, because the
In the present case, the Court of Justice should therefore find that the applications are inadmissible and that the costs of the proceedings should be borne by the applicants.
ORDER OF THE COURT 30 OCTOBER 19621
In Case 31/622
Milchwerke Heinz Wöhrmann & Sohn KG, Wesel/Rhein,
applicant,
v
Commission of the European Economic Community,
defendant, 1 — Language of the Case: German. 2 — the order in Case 33/62 is identical with that in Case 31/62.
WÖHRMANN v COMMISSION
Whereas at the present stage of the proceedings the Court takes the view that it is doubtful whether the action founded upon Article 184 of the Treaty establishing the European Economic Community is admissible;
Whereas if there should in fact prove to be an absolute bar to proceeding with the case, the action must be dismissed as being inadmissible;
Whereas in these circumstances the Court is entitled under Article 92 of its
Rules of Procedure to consider at any time whether such an absolute bar exists;
Whereas it seems appropriate to hear the oral submissions of the parties on this point under Article 91 (3) of the Rules of Procedure;
Upon hearing the report of the Judge-Rapporteur; Upon hearing the Advocate-General; Having regard to Article 184 of the Treaty establishing the European Economic Community and Articles 91 (3) and 92 of the Rules of Procedure;
THE COURT
composed of: A. M. Donner, President, L. Delvaux and R. Rossi (Presidents of Chambers), O. Riese, Ch. L. Hammes (Rapporteur), A. Trabucchi, and R. Lecourt, Judges,
Advocate-General: K. Roemer
Registrar: A. Van Houtte
hereby orders:
that the question whether there exists any absolute bar to proceeding with the case, which the Court should consider of its own motion, shall be the subject of oral proceedings.
Luxembourg, 30 October 1962.
A. Van Houtte A. M. Donner
Registrar President