Avis juridique important

61962O0016

European Court reports French edition Page 00937 Dutch edition Page 00977 German edition Page 00997 Italian edition Page 00909 English special edition Page 00487

Parties

IN CASE 16/62

1 . CONFEDERATION NATIONALE DES PRODUCTEURS DE FRUITS ET LEGUMES,

3 . FEDERATION NATIONALE DES PRODUCTEURS DE LEGUMES, APPLICANTS,

COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY, DEFENDANT,

Grounds

HAVING REGARD TO THE APPLICATION FOR LEAVE TO INTERVENE IN THE APPLICATION FOR ANNULMENT OF REGULATION N . 23 OF THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY, AND IN PARTICULAR OF ARTICLE 9 THEREOF, ( OFFICIAL JOURNAL OF THE COMMUNITIES OF 20 APRIL 1962, PP . 965 ET SEQ .) LODGED ON 31 AUGUST 1962 BY THE ASSEMBLEE PERMANENTE DES PRESIDENTS DE CHAMBRE D'AGRICULTURE, THE HEAD OFFICE OF WHICH IS IN PARIS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF GEORGES MARGUE, AVOCAT-AVOUE, 20 RUE PHILIPPE-II, REPRESENTED BY ITS PRESIDENT, RENE BLONDELLE, ASSISTED BY PIERRE DE FONT-REAULX, ADVOCATE OF THE PARIS COUR D'APPEL;

HAVING REGARD TO THE STATEMENT FILED BY THE APPLICANTS IN THE MAIN ACTION ON 4 OCTOBER 1962 STATING THAT THEY 'TAKE NOTE WITH SATISFACTION' OF THE INTERVENTION;

HAVING REGARD TO THE STATEMENT FILED BY THE DEFENDANT IN THE MAIN ACTION IN WHICH IT FIRST POINTS OUT CERTAIN CONSIDERATIONS WHICH, IN ITS VIEW, MILITATE AGAINST THE ACCEPTANCE OF THE INTERVENTIONS AS ADMISSIBLE, AND SECONDLY STATES THAT IT 'LEAVES THESE CONSIDERATIONS TO THE DISCRETION OF THE COURT';

WHEREAS, THE INTERVENTION IS INTENDED TO SUPPORT THE CONCLUSIONS OF THE APPLICANTS IN THE MAIN ACTION AND IS IN PROPER FORM AND HAS BEEN PRESENTED WITHIN THE PRESCRIBED TIME;

WHEREAS, UNDER THE PROVISIONS OF THE SECOND PARAGRAPH OF ARTICLE 37 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN ECONOMIC COMMUNITY, ANY PERSON OTHER THAN THE MEMBER STATES AND THE INSTITUTIONS OF THE COMMUNITY MAY, AS IN THE PRESENT CASE, INTERVENE IN CASES BETWEEN PRIVATE PERSONS AND A COMMUNITY INSTITUTION PROVIDED THAT THE SAID PERSON ESTABLISHES AN INTEREST IN THE RESULT OF THE CASE;

WHEREAS THE EXPRESSION 'ANY...PERSON', BEING DRAFTED IN THE WIDEST POSSIBLE TERMS, INCLUDES ASSOCIATIONS SUCH AS THE PARTY INTERVENING;

WHEREAS, CONTRARY TO THE PROPOSITION PUT FORWARD BY THE DEFENDANT IN THE MAIN ACTION, NOTHING IN THE TEXT OF THE ABOVE-MENTIONED PROTOCOL LEADS TO THE CONCLUSION THAT THE INTEREST OF THE INTERVENER SHOULD BE DISTINCT FROM THAT OF THE PARTY WHOM HE SUPPORTS; AND WHEREAS EVEN IN THIS CASE THE PURPOSE OF THE INTERVENTION IS TO ALLOW THE INTERVENER TO PUT FORWARD ITS OWN ARGUMENTS IN SUPPORT OF THE COMMON CAUSE;

WHEREAS ACCORDING TO THE TERMS OF THE FRENCH DECREE LAW OF 30 OCTOBER 1935 THE INTERVENER IS, 'IN RELATION TO PUBLIC AUTHORITIES, THE CONSULTATIVE AND REPRESENTATIVE ORGANIZATION CONCERNED WITH THE GENERAL AND SPECIAL INTERESTS OF AGRICULTURE IN METROPOLITAN FRANCE', WHENCE IT FOLLOWS THAT IT HAS A LEGITIMATE INTEREST IN DEFENDING THE INTERESTS OF FRENCH AGRICULTURAL PRODUCERS;

WHEREAS ON THE OTHER HAND THE DISPUTED REGULATION, WHICH REQUIRES IN PARTICULAR THE ABOLITION OF QUANTITATIVE RESTRICTIONS ON IMPORTS OF FRUIT AND VEGETABLES, IS CAPABLE OF AFFECTING THE INTERESTS OF THE NATIONAL PRODUCERS OF THESE GOODS;

WHEREAS IT FOLLOWS FROM THE FOREGOING CONSIDERATIONS THAT THE APPLICATION TO INTERVENE IS ADMISSIBLE;

Operative part

COMPOSED OF : A . M . DONNER, PRESIDENT, L . DELVAUX AND R . ROSSI ( PRESIDENTS OF CHAMBERS ), O . RIESE ( RAPPORTEUR ), CH . L . HAMMES, A . TRABUCCHI AND R . LECOURT, JUDGES,

ADVOCATE-GENERAL : M . LAGRANGE

REGISTRAR : A . VAN HOUTTE

HEREBY MAKES THE FOLLOWING ORDER.

1 . THAT THE ASSEMBLEE PERMANENTE DES PRESIDENTS DE CHAMBRES D'AGRICULTURE BE ALLOWED TO INTERVENE;

3 . THAT THE COSTS BE RESERVED.