- Query in any language with multilingual search
- Access EUR-Lex and EU Commission case law
- See relevant paragraphs highlighted instantly
Similar Documents
Explore similar documents to your case.We Found Similar Cases for You
Order of the President of the Court of 1 October 1960. # Rudolf Pieter Marie Fiddelaar v Commission of the European Economic Community. # Case 44-59 R.
ECLI:EU:C:1960:38
61959CO0044
With us you find everything. Try it now!
I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
Avis juridique important
61959O0044
European Court reports French edition Page 01119 Dutch edition Page 01161 German edition Page 01159 Italian edition Page 01087 English special edition Page 00555
Parties
IN CASE 44/59
RUDOLF PIETER MARIE FIDDELAAR, RESIDING AT WOLUWE-SAINT-PIERRE ( BRUSSELS ),
REPRESENTED AND ASSISTED BY MARCEL SLUSNY, ADVOCATE AT THE COUR D'APPEL, BRUSSELS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF EMILE POOS, 9 RUE DE NASSAU, APPLICANT,
COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY,
REPRESENTED AND ASSISTED BY ITS LEGAL ADVISER, PAUL LEVEUX, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MR MANZANARES, SECRETARY OF THE JOINT LEGAL SERVICE OF THE EUROPEAN EXECUTIVES, 2 PLACE DE METZ, DEFENDANT,
Grounds
THERE CAN BE NO DOUBT THAT THE APPLICANT IS IN A VERY SERIOUS FINANCIAL POSITION AND THERE SEEMS TO BE A CORRESPONDING NEED FOR FINANCIAL ASSISTANCE;
IN ITS JUDGMENT OF 15 JULY 1960 IN CASES 43/59, 45/59 AND 48/59, THE COURT ORDERED THE DEFENDANT TO PAY TO THE APPLICANTS DAMAGES OF FB 60 000 ON GROUNDS WHICH, AS THE DEFENDANT EXPRESSLY ACCEPTS, ARE AT LEAST AS VALID IN THE CASE OF THE APPLICANT, WITH THE RESULT THAT THE LATTER CAN REASONABLY EXPECT TO RECEIVE COMPARABLE DAMAGES.
EVEN IF IN THE MAIN ACTION THE COURT ANNULLED THE DISCHARGE OF THE APPLICANT, IN WHICH CASE THERE WOULD BE NO QUESTION OF ORDERING THE DEFENDANT TO PAY DAMAGES, THE COMMISSION WOULD BE OBLIGED TO PAY TO THE APPLICANT EMOLUMENTS WHICH HE WOULD NORMALLY HAVE RECEIVED AND THE TOTAL OF HIS EMOLUMENTS WOULD BE CONSIDERABLY IN EXCESS OF THE SUM FB 60 000.
IT HAS NOT BEEN ESTABLISHED THAT THE PRESENT FINANCIAL POSITION OF THE APPLICANT REQUIRES PAYMENT OF THE WHOLE OF THE DAMAGES CLAIMED AND THE PRESIDENT REGARDS DAMAGES OF FB 60 000 AS ENOUGH TO COVER THE APPLICANT'S IMMEDIATE NEEDS.
IN CONSEQUENCE, THE PRESIDENT UPHOLDS THE APPLICATION TO THE EXTENT OF FB 60 000.
THERE HAS NOT BEEN ON THE PART OF THE DEFENDANT ANY REQUEST THAT THE APPLICANT SHOULD LODGE ANY SECURITY OR PROVIDE A GUARANTOR AND, SUBJECT TO THE RESERVATIONS INDICATED ABOVE, IT IS NOT OPPOSED TO THE GRANT OF THE APPLICATION;
Operative part
2 . COSTS ARE RESERVED.