KalC-Chemie-Aktiengesellschaft v Commission of the European Communities. [1974] EUECJ C-20/74R (3 April 1974)

The Court found that immediate enforcement of the Commission's decision could irreparably damage the applicant and that the main action could be settled soon, justifying interim suspension.

Source-derived case information.

Citation: [1974] EUECJ C-20/74R
Parties: Applicant: Kali-Chemie-Aktiengesellschaft; Defendant: Commission of the European Communities
Jurisdiction: European Union
Procedural Posture: Interim Relief Application / Interim Order
Outcome: interim suspension granted
Legal Topics: Suspension of Commission Decision, Irreparable Harm, Interim Measures

European Union Law Competition Law Suspension of Commission Decision Irreparable Harm Interim Measures

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Summary, issues, holding and outcome

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Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

Kali-Chemie-Aktiengesellschaft

Applicant

Commission of the European Communities

Defendant

Procedural Posture

Interim Relief Application / Interim Order

Legal Issues

1 Whether immediate enforcement of the Commission's decision would cause irreparable harm to the applicant
2 Whether interim suspension of the decision is justified

Ratio Decidendi

The Court found that immediate enforcement of the Commission's decision could irreparably damage the applicant and that the main action could be settled soon, justifying interim suspension.

Court Disposition

interim suspension granted

Orders

Operation of Article 3 of the Commission's decision of 21 December 1973 is suspended until 15 July.
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) >> KalC-Chemie-Aktiengesellschaft v Commission of the European Communities. [1974] EUECJ C-20/74R (3 April 1974) URL: https://www.bailii.org/eu/cases/EUECJ/1974/C2074R.html Cite as: [1974] EUECJ C-20/74R [ 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. 61974O0020(00) Order of the President of the Court of 3 April 1974. Kali-Chemie-Aktiengesellschaft v Commission of the European Communities. Case 20-74 R. European Court reports 1974 Page 00337 ++++ IN CASE 20/74 R KALI-CHEMIE AG, A COMPANY GOVERNED BY GERMAN LAW, HAVING ITS REGISTERED OFFICE IN HANOVER D 3000, AT 20, HANS-BOECKLER-ALLEE, REPRESENTED BY PHILIP VON BISMARCK AND OTHERS, ITS DIRECTORS, ASSISTED BY ROLF C . GALLER, JOACHIM MEYER-LANDRUT AND FRITZ GEORG MILLER, ALL OF THE DUESSELDORF BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF JACQUES LOESCH, 2, RUE GOETHE, APPLICANT, V COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER, ROLF WAEGENBAUR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF PIERRE LAMOUREUX, LEGAL ADVISER, 4, BOULEVARD ROYAL, DEFENDANT, 1 THE FUTURE OF KC COULD BE IRREPARABLY DAMAGED IF THE DECISION TAKEN WAS IMMEDIATELY PUT INTO EFFECT, SINCE THERE IS NO READY SAFEGUARD AGAINST THE RISKS INVOLVED FOR THE EXPLOITATION OF THE MINE AND THOSE RELATING TO THE HURRIED RECONVERSION OF THE UNDERTAKING . 2 IT SEEMS PROBABLE THAT SUCH A RECONVERSION WOULD BE IRREVERSIBLE . 3 BECAUSE OF THE POSSIBILITIES OFFERED BY THE RULES OF PROCEDURE OF THE COURT THE SETTLEMENT OF THE MAIN ACTION CAN BE EXPECTED TO TAKE PLACE WITHIN A SHORT TIME . 4 AT THIS STAGE, IT IS APPROPRIATE TO RESERVE COSTS . THE PRESIDENT AS AN INTERIM RULING, ORDERS 1 . THE OPERATION OF ARTICLE 3 OF THE DECISION OF THE COMMISSION OF 21 DECEMBER 1973 ( IV/795-OJEC OF 23 JANUARY 1974 ) IS SUSPENDED UNTIL 15 JULY . 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/1974/C2074R.html

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