Avis juridique important

61965O0028(01)

European Court reports French edition Page 00734 Dutch edition Page 00730 German edition Page 00759 Italian edition Page 00687 English special edition Page 00506

Parties

IN CASE 28/65

FULVIO FONZI

V

COMMISSION OF THE EUROPEAN ATOMIC ENERGY COMMUNITY,

Grounds

WHEREAS ON 15 JANUARY 1966 THE DEFENDANT LODGED AT THE REGISTRY AN APPLICATION ON A PROCEDURAL ISSUE TO HAVE CERTAIN DOCUMENTS REMOVED FROM THE PROCEEDINGS AND TO HAVE CERTAIN CONCLUSIONS IN THE APPLICANT'S REPLY DECLARED INADMISSIBLE;

WHEREAS THE APPLICANT LODGED AT THE REGISTRY ON 5 FEBRUARY 1966 A REQUEST THAT THE FIRST CHAMBER OF THE COURT SHOULD DISMISS THE DEFENDANT'S SAID APPLICATION WITHOUT RESERVING ITS DECISION FOR THE FINAL JUDGMENT;

WHEREAS IT SEEMS DESIRABLE TO SETTLE THE QUESTIONS RAISED IN HEADS 3, 4 AND 5 OF THE DEFENDANT'S CONCLUSIONS AT THE SAME TIME AS THE FINAL JUDGMENT IS DELIVERED;

WHEREAS, CONCERNING HEADS 1 AND 2 OF THE DEFENDANT'S CONCLUSIONS, THE RETENTION IN THE FILE OF THE DOCUMENT CONSTITUTING SCHEDULE 23 TO THE REPLY IS CAPABLE OF AMOUNTING TO A VIOLATION OF THE SECRECY OF THE DELIBERATIONS OF THE COMMISSION OF THE EAEC IN A MATTER WHICH IS UNCONNECTED WITH THE PRESENT DISPUTE;

WHEREAS, THEREFORE, IT IS APPROPRIATE TO WITHDRAW THIS DOCUMENT FROM THE PROCEEDINGS;

WHEREAS, HOWEVER, IT IS ESSENTIAL FOR THE EFFICIENT ADMINISTRATION OF JUSTICE THAT THE FIRST CHAMBER OF THE COURT BE PLACED IN POSSESSION OF THE AUTHENTIC TEXT OF THE DECISION OF 24 JUNE 1964;

WHEREAS, ACCORDINGLY, IT IS NECESSARY FOR THE DEFENDANT TO SUBMIT TO THE COURT THE COMMISSION'S MINUTE-BOOK TO ENABLE IT TO EXAMINE THE MINUTES OF THE 249TH MEETING OF THE EAEC COMMISSION, APPROVED BY THE LATTER AT ITS 251ST MEETING;

Operative part

1 . THE APPLICATION ON A PROCEDURAL ISSUE LODGED BY THE DEFENDANT ON 15 JANUARY 1966 IS ALLOWED IN SO FAR AS IT REQUESTS THE WITHDRAWAL FROM THE PROCEEDINGS OF THE DOCUMENTS CONSTITUTING SCHEDULE 23 TO THE REPLY;

2 . AS REGARDS THE REMAINDER OF THE REQUEST, THE DECISION IS RESERVED FOR THE FINAL JUDGMENT;

3 . A TIME-LIMIT SHALL BE PROVIDED FOR THE SUBMISSION OF THE DEFENDANT'S REJOINDER;

4 . THE PARTIES SHALL APPEAR BEFORE THE JUDGE - RAPPORTEUR ON TUESDAY 22 MARCH 1966 AT 2.30 P.M .; THE DEFENDANT SHALL PRODUCE THE COMMISSION'S MINUTE-BOOK IN ORDER TO ENABLE HIM TO MAKE A COPY OF THE AUTHENTIC TEXT OF THE DECISION OF 24 JUNE 1964 CONCERNING THE APPLICANT;

5 . THE COSTS ARE RESERVED .