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Order of the President of the Court of 3 April 1974. # Kali-Chemie-Aktiengesellschaft v Commission of the European Communities. # Case 20-74 R.
ECLI:EU:C:1974:33
61974CO0020
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Avis juridique important
61974O0020(00)
European Court reports 1974 Page 00337
Parties
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,
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,
Grounds
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.
Decision on costs
4 AT THIS STAGE, IT IS APPROPRIATE TO RESERVE COSTS.
Operative part
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.