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Order of the Court of 3 December 1962. # Commission of the European Economic Community v Grand Duchy of Luxembourg and Kingdom of Belgium. # Joined cases 2/62 and 3/62.
ECLI:EU:C:1962:41
61962CO0002
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61962O0002
European Court reports French edition Page 00855 Dutch edition Page 00895 German edition Page 00911 Italian edition Page 00831 English special edition Page 00445
Parties
IN JOINED CASES 2 AND 3/62
1 . GOVERNMENT OF THE GRAND DUCHY OF LUXEMBOURG
Subject of the case
COMPOSED OF : A . M . DONNER, PRESIDENT, L . DELVAUX AND R . ROSSI ( PRESIDENTS OF CHAMBERS ), O . RIESE, CH . L . HAMMES, A . TRABUCCHI AND R . LECOURT ( RAPPORTEUR ), JUDGES,
ADVOCATE GENERAL : K . ROEMER
REGISTRAR : A . VAN HOUTTE
Grounds
WHEREAS, WITH THE OBJECT OF INVOKING THE ASSOCIATION AGREEMENT BETWEEN THE EEC AND GREECE AND ALSO THE PREAMBLE TO A BELGIAN LAW OF 11 SEPTEMBER 1962, THE GOVERNMENT OF THE KINGDOM OF BELGIUM, BY AN APPLICATION DATED 10 NOVEMBER 1962, HAS MADE A REQUEST FOR THE REOPENING OF THE ORAL PROCEDURE IN JOINED CASES 2 AND 3/62 OF 21 FEBRUARY 1962;
WHEREAS THE COURT CANNOT FIND IN THE MATTERS RAISED ANYTHING OF RELEVANCE WHICH WOULD JUSTIFY THE USE OF ITS POWERS UNDER ARTICLE 61 OF THE RULES OF PROCEDURE TO ORDER THE REOPENING OF THE ORAL PROCEDURE;
WHEREAS THE ASSOCIATION AGREEMENT BETWEEN THE EEC AND GREECE WAS FINALLY RATIFIED ( BY THE EXCHANGE OF INSTRUMENTS OF RATIFICATION ) BY THE GOVERNMENTS OF THE MEMBER STATES OF THE EEC, INCLUDING THE BELGIAN GOVERNMENT, ON 24 AUGUST 1962, AS REPORTED IN THE 'MONITEUR BELGE' OF 31 OCTOBER 1962, P . 9682;
WHEREAS THE BELGIAN LAW OF 11 SEPTEMBER 1962 RECEIVED THE ASSENT OF THE KING OF THE BELGIANS ON THE SAME DATE AFTER IT HAD BEEN PUBLICLY DEBATED AND ADOPTED AT SITTINGS OF THE CHAMBER ON 12 AND 19 JULY 1962 AND OF THE SENATE ON 25 JULY 1962, AS REPORTED IN THE 'MONITEUR BELGE' ON 27 OCTOBER 1962, P . 9491;
WHEREAS THE SAID MATTERS WERE THUS KNOWN BEFORE 19 OCTOBER 1962, THE DATE OF THE ORAL PROCEDURE, TO THE PARTY MAKING THE APPLICATION FOR THE REOPENING OF THE SAID PROCEDURE AND WHICH THEREFORE HAD THE TIME AND OPPORTUNITY TO ARGUE THEM AT THE HEARING;
WHEREAS THE SAID MATTERS WERE THEREFORE FOR APPLYING ARTICLE 61 OF THE RULES OF PROCEDURE;
Operative part
HEREBY
1 . DECLARES THAT THERE ARE NO GROUNDS FOR ORDERING THE REOPENING OF THE ORAL PROCEDURE;