Avis juridique important

61962O0031

European Court reports French edition Page 00991 Dutch edition Page 01029 German edition Page 01053 Italian edition Page 00961 English special edition Page 00511

Parties

IN CASE 31/62 MILCHWERKE HEINZ WOHRMANN & SOHN KG, WESEL/RHEIN, APPLICANT, V COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY, DEFENDANT,

Grounds

WHEREAS AT THE PRESENT STAGE OF THE PROCEEDINGS THE COURT TAKES THE VIEW THAT IT IS DOUBTFUL WHETHER THE ACTION FOUNDED UPON ARTICLE 184 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY IS ADMISSIBLE; WHEREAS IF THERE SHOULD IN FACT PROVE TO BE AN ABSOLUTE BAR TO PROCEEDING WITH THE CASE, THE ACTION MUST BE DISMISSED AS BEING INADMISSIBLE; WHEREAS IN THESE CIRCUMSTANCES THE COURT IS ENTITLED UNDER ARTICLE 92 OF ITS RULES OF PROCEDURE TO CONSIDER AT ANY TIME WHETHER SUCH AN ABSOLUTE BAR EXISTS; WHEREAS IT SEEMS APPROPRIATE TO HEAR THE ORAL SUBMISSIONS OF THE PARTIES ON THIS POINT UNDER ARTICLE 91 ( 3 ) OF THE RULES OF PROCEDURE;

Operative part

THE COURT COMPOSED OF : A . M . DONNER, PRESIDENT, L . DELVAUX AND R . ROSSI ( PRESIDENTS OF CHAMBERS ), O . RIESE, CH . L . HAMMES ( RAPPORTEUR ), A . TRABUCCHI AND R . LECOURT, JUDGES, ADVOCATE-GENERAL : K . ROEMER REGISTRAR : A . VAN HOUTTE HEREBY ORDERS : THAT THE QUESTION WHETHER THERE EXISTS ANY ABSOLUTE BAR TO PROCEEDING WITH THE CASE, WHICH THE COURT SHOULD CONSIDER OF ITS OWN MOTION, SHALL BE THE SUBJECT OF ORAL PROCEEDINGS .