C-6/71
ECLI:EU:C:1971:83
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ORDER OF THE COURT
14 JULY 19711
Rheinmühlen Düsseldorf v Einfuhr- und Vorratsstelle für Getreide und Futtermittel
(Reference for a preliminary ruling by the Bundesfinanzhof)
Case 6/71
In Case 6/71
Reference to the Court under Article 177 of the EEC Treaty by the Bundes finanzhof for a preliminary ruling in the action pending before that court between
Rheinmühlen Düsseldorf, Düsseldorf-Holthausen,
and
EINFUHR- UND VORRATSSTELLE FÜR GETREIDE UND FUTTERMITTEL, Frank furt am Main,
on the interpretation and validity of certain Community regulations.
Facts
In this case, the parties to the main wntten observations. action and the Commission of the Euro By letter of 9 July 1971 it claimed that pean Communities submitted their oral the Court should, in view of these observations on 30 June 1971. observations, order the oral procedure By statement of 5 July 1971, the plain either to be resumed or re-opened. tiff in the main action submitted further
Law
1 Article 177 of the EEC Treaty has established direct co-operation between the Court of Justice and national courts under a non-contentious procedure independent of any action taken by the persons referred to in Article 20 of the Protocol on the Statute of the Court of Justice of the EEC, including the parties to the main action, during which those persons are only entided to submit written observations and to be heard once in the oral procedure.
1 — Language of the Case: German.
ORDER OF 14. 7. 1971 — CASE 6/71
2 The Court cannot therefore be compelled, at the request of one of those persons, either to take cognizance of a statement submitted after the parties have been heard or to order the oral procedure to be resumed or re-opened without prejudice to its power to decide freely whether such measures are expedient, however, does not seem to it to be necessary in the present case.
3 For all these reasons, the conclusions of the plaintiff in the main action and its statement of 5 July 1971 must be considered inadmissible.
On those grounds,
Upon reading the statement of the plaintiff in the main action dated 5 July 1971; Upon reading the letter of the plaintiff in the main action dated 9 July 1971; Having regard to Article 177 of the Treaty establishing the EEC; Having regard to Article 20 of the Protocol on the Statute of the Court of Justice of the EEC; Having regard to the Rules of Procedure of the Court of Justice of the European Communities; Upon hearing the report of the Judge-Rapporteur; Upon hearing the opinion of the Advocate-General,
THE COURT
composed of: R. Lecourt, President, A. M. Dormer and A. Trabucchi, Presidents of Chambers, R. Monaco, J. Mertens de Wilmars, P. Pescatore and H. Kutscher (Rapporteur), Judges,
Advocate-General: A. Dutheillet de Lamothe Registrar: A. Van Houtte
makes the following
ORDER
The conclusions of the plaintiff in the main action and the statement of the plaintiff in the main action dated 5 July 1971 requesting the Court to order the oral procedure to be resumed or re-opened are rejected as inadmissible.
Luxembourg, 14 July 1971.
A. Van Houtte R. Lecourt Registrar President