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Order of the Court of 9 February 1982. # CO.DE.MI. SpA v Commission of Euratom. # Application by the President of the Tribunale, Varese, for the enforcement of an order previously made by him. # Case 229/81.
ECLI:EU:C:1982:46
61981CO0229
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61981O0229
European Court reports 1982 Page 00377
Grounds
1 ARTICLE 92 ( 1 ) OF THE RULES OF PROCEDURE PROVIDES : ' ' WHERE IT IS CLEAR THAT THE COURT HAS NO JURISDICTION TO TAKE COGNIZANCE OF AN APPLICATION LODGED WITH IT IN PURSUANCE OF ARTICLE 38 ( 1 ), THE COURT MAY BY REASONED ORDER DECLARE THE APPLICATION INADMISSIBLE . ' '
2 THAT PROVISION MUST BE APPLIED IN THE PRESENT CASE . IT IS CLEAR FROM THE VERY TERMS OF THE ORDER MADE ON 20 JULY 1981 BY THE PRESIDENT OF THE TRIBUNALE , VARESE , THAT HE IS REQUESTING THE PRESIDENT OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES TO ' ' ENFORCE , BY HIS DECISION ' ' , THE ORDER WHICH HE HAD MADE ON 12 MAY 1981 FOR THE PROCUREMENT OF A TECHNICAL EXPERT ' S REPORT . NEITHER THE TREATIES NOR THE MEASURES ADOPTED FOR THE PURPOSE OF IMPLEMENTING THEM CONTAIN ANY PROVISION EMPOWERING THE COURT OF JUSTICE OR ITS PRESIDENT TO ORDER THE ENFORCEMENT OF A DECISION OF A NATIONAL COURT .
3 CONSEQUENTLY , BOTH THE COURT AND ITS PRESIDENT PLAINLY HAVE NO JURISDICTION TO TAKE COGNIZANCE OF THE APPLICATION MADE BY THE PRESIDENT OF THE TRIBUNALE IN HIS ORDER OF 20 JUNE 1981 , AND THE APPLICATION MUST THEREFORE , BY VIRTUE OF THE ABOVE-CITED PROVISIONS OF ARTICLE 92 OF THE RULES OF PROCEDURE , BE DECLARED INADMISSIBLE .
Operative part
ON THOSE GROUNDS ,
HEREBY :
DECLARES THE APPLICATION TO BE INADMISSIBLE .