United Brands Company and United Brands Continentaal BV v Commission of the European Communities. [1976] EUECJ C-27/76R (5 April 1976)
Interim suspension is granted as parties are not opposed in law and oral procedure is unnecessary; applicants have amended relevant clause, justifying interim relief.
Source-derived case information.
- Citation
- [1976] EUECJ C-27/76R
- Parties
- Applicant: United Brands Company; Applicant: United Brands Continentaal BV; Defendant: Commission of the European Communities
- Jurisdiction
- European Union
- Procedural Posture
- Interim Relief Application / Interim Order
- Outcome
- interim suspension granted
- Legal Topics
- Interim Measures, Suspension of Commission Decision, Antitrust Infringement
Source-derived case record
Summary, issues, holding and outcome
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Parties
United Brands Company
Applicant
United Brands Continentaal BV
Applicant
Commission of the European Communities
Defendant
Procedural Posture
Interim Relief Application / Interim Order
Legal Issues
- 1 Whether interim suspension of Commission decision is warranted pending judgment on substance
- 2 Whether parties remain opposed in law regarding interim measures
Ratio Decidendi
Interim suspension is granted as parties are not opposed in law and oral procedure is unnecessary; applicants have amended relevant clause, justifying interim relief.
Court Disposition
interim suspension granted
Orders
- Suspension of operation of Article 3(a) and first indent of Article 3(b) of Commission decision of 17 December 1975 (IV/26 699) until judgment on substance, unless applicants have already ended infringements referred to in Article 1 of said decision
- Costs 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) >> United Brands Company and United Brands Continentaal BV v Commission of the European Communities. [1976] EUECJ C-27/76R (5 April 1976) URL: https://www.bailii.org/eu/cases/EUECJ/1976/C2776R.html Cite as: [1976] EUECJ C-27/76R [ 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. 61976O0027 Order of the President of the Second Chamber of the Court of 5 April 1976. United Brands Company and United Brands Continentaal BV v Commission of the European Communities. Case 27-76 R. European Court reports 1976 Page 00425 IN CASE 27/76 R UNITED BRANDS COMPANY , A COMPANY REGISTERED IN NEW JERSEY , UNITED STATES OF AMERICA , AND UNITED BRANDS CONTINENTAAL BV , A NETHERLANDS COMPANY HAVING ITS REGISTERED OFFICE AT 3 VAN VOLLENHOVENSTRAAT , 3002 ROTTERDAM , REPRESENTED AND ASSISTED BY IVO VAN BAEL AND JEAN-FRANCOIS BELLIS OF THE BRUSSELS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MR ELVINGER AND MR HOSS , 84 GRAND RUE , APPLICANTS , V COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISERS , ANTONIO MARCHINI-CAMIA AND JOHN TEMPLE LANG , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MARIO CERVINO , BATIMENT CFL , PLACE DE LA GARE , DEFENDANT , FINDING THAT , AS REGARDS THE INTERIM MEASURES , THE PARTIES ARE NO LONGER OPPOSED IN LAW , THE PRESIDENT CONSIDERS THAT THERE ARE GROUNDS FOR ORDERING THE SAID MEASURES , WHILST TAKING NOTE OF THE DECLARATIONS MADE BY THE PARTIES CONCERNING IN PARTICULAR THE AMENDMENT OF THE CLAUSE CONCERNING THE RE-SALE OF BANANAS WHILE STILL GREEN . IT IS THEREFORE POSSIBLE TO REACH A DECISION WITHOUT OPENING THE ORAL PROCEDURE , WHICH HAS BECOME UNNECESSARY . IT IS UNNECESSARY , AT THIS STAGE , TO MAKE ANY ORDER AS TO COSTS . ON THOSE GROUNDS , THE PRESIDENT AS AN INTERIM MEASURE HEREBY : ORDERS 1 . THE SUSPENSION OF THE OPERATION OF ARTICLE 3 ( A ) AND THE FIRST INDENT OF ARTICLE 3 ( B ) OF THE DECISION OF THE COMMISSION OF 17 DECEMBER 1975 ( IV/26 699 ) IS GRANTED UNTIL JUDGMENT IS GIVEN ON THE SUBSTANCE OF CASE 27/76 , IN SO FAR AS THE APPLICANTS HAVE NOT ALREADY OF THEIR OWN ACCORD BROUGHT TO AN END THE INFRINGEMENTS REFERRED TO BY THE COMMISSION IN ARTICLE 1 OF THE SAID DECISION ; 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/1976/C2776R.html