C-67/63
ECLI:EU:C:1963:22
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ORDER OF 24.9.63 — CASE 67/63
would have meant, taking the content of outlined by that Decision. Nor has the that Decision alone, that the High applicant alleged that this time-limit
Authority intended to await the adop was too short, for example, as far as tion of new trading rules for the Ruhr. concerns the requirements for making
When it was apparent that these new preparations to leave. rules, precisely because they accorded
with the previously existing transitional 3. All the arguments submitted do not
rules, could no more justify a transition therefore warrant the annulment of
al period in favour of SOREMA's Decision No 8/63, whilst those which
membership (as stated in the preamble one might have expected to hear based
to Decision No 3/62), the High Author on the meaning of the transitional rules ity ordered SOREMA to leave the OKU made for SOREMA's benefit, for ex
within a relatively short time. So far as ample that the transitional period did concerns the calculation of the period not give enough time to fulfil the
of validity of Decision No 3/62, this ordinary conditions for admission, have accords with the programme not been raised at all. exactly
III—Consequently, my opinion is that the application by SOREMA is
admissible but that it should be dismissed as unfounded, with the conse
in in Article 69 the Rules Pro quences the matter of costs as stated of of
cedure.
ORDER OF THE PRESIDENT OF THE COURT 1 24 SEPTEMBER 1963
In Case 67/63 R
SOCIÉTÉ RHÉNANE D'EXPLOITATION ET DE MANUTENTION 'SOREMA', a
limited liability company having its registered office in Strasbourg at 11 rue
Fischart, represented by its managers, and by R. Garnon of the Strasbourg Bar, 8 rue du Marché, with an address for service in Luxembourg at the offices of Nicholas Wennmacher, huissier, 17 boulevard Royal,
applicant,
v
HIGH Authority of the European Coal and Steel COMMUNITY , rep
resented by its Legal Advisers, Messrs Matthies and Olivier, with an address for service in Luxembourg at its registered office, 2 place de Metz,
defendant,
Application for suspension of operation of Decision No 8/63 of 30 April 1963
of the High Authority, contested in the application in the main action,
1 — Language of the Case: French.
SOREMA v HIGH AUTHORITY
Issues of fact and of law
Whereas the applicant, by application plicant on 4 May 1963 and published at the Court Registry on 4 June 1963, in the Official Journal of 11 May made an application for annulment of 1963 be suspended, pending the
Decision No 8/63 of 30 April 1963 of the ruling of the Court on application
High Authority of the European Coal No 67/63; and Steel Community, concerning mem — Reserve the costs until the main
bership of the Oberrheinische Kohlen- action; union, Bettag, Puton & Co., Mannheim, Whereas the defendant on 21 August
on the part of the Société Rhénane lodged its observations on the request
d'Exploitation et de Manutention, for the adoption of the interim measure,
Strasbourg; contending that the request for suspen
'SOREMA'
Whereas in the application for suspen sion made by the company sion lodged at the Court Registry on should be dismissed with all legal 9 August 1963, the applicant claimed consequences, in particular as regards
that the Court should: cost ; — Order that the operation of Decision Whereas the parties having been duly No 8/63 of 3 April 1963 of the High summoned on 24 September 1963 before
Authority of the European Coal and the President and submitted their oral
Steel Community notified to the ap- observations;
Grounds
It appears from the record that the associates of the Oberrheinische Kohlen-
union, Bettag, Puton & Co., passed the following resolution in writing:
'Die SOREMA scheidet gemäß Entscheidung der Hohen Behörde Nr 8/63 vom 30 April 1963 zum 30 Juni 1963 aus der Oberrheinischen Kohlenunion
Bettag, Puton & Co., aus.
Der Kapitalanteil der SOREMA in Hohe DM (ein von 900.000, —
gezahlt die Hälfte) wird von den iibrigen Gesellschaften im Verhältnis ihrer Großhändleranteile übernommen. Ein Großhändleranteil des Kapitalan
teils der SOREMA (110 Anteile) beträgt DM 8.181,82 (davon ist die Hälfte DM 4.090,91 je Anteil einzuzahlen);'
=
'(In accordance with Decision No 8/63 of 30 April 1963, SOREMA shall
leave the Oberrheinische Kohlenunion on 30 June 1963;
SOREMA's share of capital amounting to DM 900000 (one half paid up) be taken over by the remaining companies in proportion to their shares shall
as wholesale merchants. One wholesale merchant's share of SOREMA's half= share of capital (110 shares) amounts to DM 8181.82 (whereof one DM 4090.91 is payable per share);'
ORDER OF 24.9.63 — CASE 67/63
This resolution constitutes implementation of Decision No 8/63 of 30 April 1963 of the High Authority.
The applicant, who had received notice of the intention to pass the above quoted resolution by letter of 10 July 1963 from the OKU did not lodge its application for suspension at the Court Registry until 9 August 1963.
The request is therefore out of time.
The request for suspension having failed ab initio in its purpose, it must be declared inadmissible.
On those grounds,
Having regard to Articles 33 and 39 of the Treaty establishing the European Coal and Steel Community and Article 33 of the Protocol on the Statute of the Court of Justice of the European Coal and Steel Com unity;
Having regard to Articles 83, 84 and 86 of the Rules of Procedure,
The President of the Court of Justice of the European Communities
hereby orders:
1. The application is inadmis ble;
2. The costs are reserved.
Luxembourg 24 September 1963.
A. Van Houtte A. M. Donner Registrar President