Avis juridique important

61971O0006

European Court reports 1971 Page 00719

Parties

IN CASE 6/71

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE BUNDESFINANZHOF FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

RHEINMUEHLEN DUESSELDORF, DUESSELDORF-HOLTHAUSEN,

AND

EINFUHR - UND VORRATSSTELLE FUER GETREIDE UND FUTTERMITTEL, FRANKFURT-AM-MAIN,

Subject of the case

ON THE INTERPRETATION AND VALIDITY OF CERTAIN COMMUNITY REGULATIONS .

Grounds

1 ARTICLE 177 OF THE EEC TREATY HAS ESTABLISHED DIRECT CO-OPERATION BETWEEN THE COURT OF JUSTICE AND NATIONAL COURTS UNDER A NON-CONTENTIOUS PROCEDURE INDEPENDENT OF ANY ACTION TAKEN BY THE PERSONS REFERRED TO IN ARTICLE 20 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC, INCLUDING THE PARTIES TO THE MAIN ACTION, DURING WHICH THOSE PERSONS ARE ONLY ENTITLED TO SUBMIT WRITTEN OBSERVATIONS AND TO BE HEARD ONCE IN THE ORAL PROCEDURE .

2 THE COURT CANNOT THEREFORE BE COMPELLED AT THE REQUEST OF ONE OF THOSE PERSONS, EITHER TO TAKE COGNIZANCE OF A STATEMENT SUBMITTED AFTER THE PARTIES HAVE BEEN HEARD OR TO ORDER THE ORAL PROCEDURE TO BE RESUMED OR RE-OPENED WITHOUT PREJUDICE TO ITS POWER TO DECIDE FREELY WHETHER SUCH MEASURES ARE EXPEDIENT, HOWEVER, DOES NOT SEEM TO IT TO BE NECESSARY IN THE PRESENT CASE .

3 FOR ALL THESE REASONS, THE CONCLUSIONS OF THE PLAINTIFF IN THE MAIN ACTION AND ITS STATEMENT OF 5 JULY 1971 MUST BE CONSIDERED INADMISSIBLE .

Operative part

THE COURT

COMPOSED OF : R . LECOURT, PRESIDENT, A . M . DONNER AND A . TRABUCCHI, PRESIDENTS OF CHAMBERS, R . MONACO, J . MERTENS DE WILMARS, P . PESCATORE AND H . KUTSCHER ( RAPPORTEUR ), JUDGES,

ADVOCATE-GENERAL : A . DUTHEILLET DE LAMOTHE

REGISTRAR : A . VAN HOUTTE

MAKES THE FOLLOWING ORDER .