Acciaierie Ferriere Pietra Oddino v Haute Autorite de la CECA. [1963] EUECJ C-60/63R (1 July 1963)
The measures in question are not capable of immediate implementation and the conditions of urgency justifying suspension are absent.
Source-derived case information.
- Citation
- [1963] EUECJ C-60/63R
- Parties
- Applicant: Acciaierie Ferriere Pietra Oddino; Defendant: Haute Autorité de la CECA (High Authority of the European Coal and Steel Community)
- Jurisdiction
- European Union
- Procedural Posture
- Interim Application / Application for Suspension of Implementation
- Outcome
- application dismissed
- Legal Topics
- Suspension of Implementation, Interim Measures, Enforceability of Decisions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Acciaierie Ferriere Pietra Oddino
Applicant
Haute Autorité de la CECA (High Authority of the European Coal and Steel Community)
Defendant
Procedural Posture
Interim Application / Application for Suspension of Implementation
Legal Issues
- 1 Whether the measures disputed are capable of immediate implementation
- 2 Whether there is urgency justifying suspension
Ratio Decidendi
The measures in question are not capable of immediate implementation and the conditions of urgency justifying suspension are absent.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The costs are reserved.
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] Court of Justice of the European Communities (including Court of First Instance Decisions) You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Acciaierie Ferriere Pietra Oddino v Haute Autorite de la CECA. [1963] EUECJ C-60/63R (1 July 1963) URL: https://www.bailii.org/eu/cases/EUECJ/1963/C6063R.html Cite as: [1963] EUECJ C-60/63R [ New search ] [ Help ] IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities . The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice . This electronic version is not authentic and is subject to amendment. 61963O0060 Order of the President of the Court of 1 July 1963. Acciaierie Ferriere Pietra Oddino v Haute Autorité de la CECA. Case 60-63 R. European Court reports French edition 1965 Page 00037 Dutch edition 1965 Page 00036 German edition 1965 Page 00042 Italian edition 1965 Page 00034 English special edition 1965 Page 00027 ++++ IN CASE 60/63 R ACCIAIERIE FERRIERE PIETRA ODDINO, AN UNDERTAKING IN THE PERSONAL NAME OF PIETRA ODDINO, AT VIA DALMAZIA 5, BRESCIA, REPRESENTED AND ASSISTED BY ODOARDO VALSARIATI, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF CAMILLE WAGNER, 31 RUE DES ROSES, APPLICANT, V HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY, REPRESENTED BY ITS LEGAL ADVISER, DR ITALO TELCHINI, ITS AGENT APPOINTED FOR THAT PURPOSE, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT ITS OFFICES, 2 PLACE DE METZ, DEFENDANT, APPLICATION FOR THE SUSPENSION OF IMPLEMENTATION OF THE MEASURES DISPUTED IN THE MAIN APPLICATION . WHEREAS, THE PLEADINGS AND SUPPORTING DOCUMENTS BEING SUFFICIENTLY CLEAR, IT IS APPROPRIATE TO DECIDE UPON THE APPLICATION WITHOUT SUMMONING THE PARTIES TO APPEAR; WHEREAS DECISION NO 7/63, WHICH IS THE SUBJECT OF THE REQUEST FOR SUSPENSION, IS OF A GENERAL NATURE AND IS NOT CAPABLE OF IMMEDIATE IMPLEMENTATION; WHEREAS THE DEFENDANT DISPUTES THAT THE LETTERS OF 8 APRIL AND 10 MAY 1963 CONSTITUTE DECISIONS CAPABLE OF IMPLEMENTATION; WHEREAS, WHATEVER THE NATURE OF THE LETTERS REFERRED TO, IT APPEARS CLEARLY FROM THE DEFENDANT'S REPLY THAT THE HIGH AUTHORITY HAS NO INTENTION OF PROCEEDING TO RECOVER THE DISPUTED AMOUNTS BY WAY OF AN ENFORCEABLE DECISION; AND WHEREAS CONSEQUENTLY THE CONDITIONS OF URGENCY OF SUCH A NATURE AS TO JUSTIFY AN ORDER FOR SUSPENSION ARE ABSENT; THE PRESIDENT OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES HEREBY ORDERS : 1 . THE APPLICATION IS DISMISSED; 2 . THE COSTS ARE RESERVED . © European Communities, 2001 All rights reserved BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/EUECJ/1963/C6063R.html