C-58/64

CONSTEN AND GRUNDIG v. COMMISSION

ORDER OF THE COURT 16 JUNE 1965 1

In Case 58/64

GRUNDING-VERKAUFS-GMBH, the registered office of which is at Fürth (Bavaria),

applicant, v

COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY,

Whereas by an application made on 12 May stance, submitted inter alia that the ex­ 1965 the UNEF company whose registered clusive distributorship contract existing office is in Paris has shought leave to inter­ between Établissements Consten and the vene in Case 58/64 in support of the con­ Grundig company was void under Articles clusions of the defendant; 85 and 86 of the EEC Treaty; Whereas the applicant in the main action Whereas the Cour d'Appel, Paris, by a seeks the annulment of the decision of the judgment of 26 January 1963 setting aside EEC Commission of 23 September 1964, the judgment appealed against to the extent which decision held the exclusive distribu­ to which it rejected the application for a torship contract as well as the ancillary stay of proceedings made by UNEF agreement on the registration and use of the decided to stay proceedings until a final GINT trade-mark made between the decision had been made following the pro­ Grundig and Consten companies to con­ ceedings initiated by the EEC Commission, stitute an infringement of the provisions of after UNEF had lodged with it on 12 March Article 85 of the EEC Treaty; 1962 a request for a finding of the nullity of Whereas the intervener appealed in 1962 the agreement made on 1 April 1957 bet­ before the Cour d'Appel, Paris, against a ween Grundig-Verkaufs-GmbH and Éta­ judgment given on 21 May 1962 by the blissements Consten; Tribunal de Commerce of the Seine between Whereas in consideration of the foregoing, Établissements Consten and itself; the intervener asserts that it has the greatest Whereas that court, basing itself upon the interest in being allowed to intervene in the sole distributorship contract made between present case to support the conclusions of Grundig and Consten held inter alia that the Commission; UNEF by selling Grundig radio and Whereas by a statement lodged on 20 May electrical apparatus had committed acts of 1965 the EEC Commission declared that it unfair competition causeing damage to had no objection to raise against UNEF's Établissements Consten, and ordered it to being permitted to intervene, the conditions pay damages and to cease all publicity and laid down in Article 37 (2) of the Statute of the soliciting of custom in respect of the sale the Court of Justice of the EEC being in its of Grundig equipment on the territory opinion fulfilled; granged to Consten; Whereas the applicant in the main proceed­ Whereas in its appeal UNEF, repeating ings lodged no observations on the admis­ submissions which it had made at first in­ sibility of the application to intervene.

abovementioned case;

Whereas therefore the position of the applicant in relation to the outcome of the present case is such as to establish its interest in intervening in support of the conclusions of the defendant in accordance with Article 37 (2) of the Statute of the Court of Justice of the EEC;

Whereas it follows from the foregoing considerations that the application to intervene must succeed;

On those grounds,

Upon reading the pleadings; Upon hearing the report of the Judge-Rapporteur; Upon hearing the opinion of the Advocate-General; Having regard to Article 37 (2) of the Statute of the Court of Justice of the EEC; Having regard to the Rules of Procedure;

THE COURT

CONSTEN AND GRUNDIG v COMMISSION

2. A copy of each pleading shall be served on the intervener by the Registrar;

3. The costs are reserved.

Luxembourg, 16 June 1965.

A. Van Houtte Ch. L. Hammes

President Registrar