Avis juridique important

61988O0194(01)

European Court reports 1988 Page 04559

Parties

Keywords

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Application for interim measures - Interim measures - Powers conferred on the President by Article 84 ( 2 ) of the Rules of Procedure ( EEC Treaty, Art . 186; Rules of Procedure, Art . 84 ( 2 ) )

Parties

In Case 194/88 R

Commission of the European Communities, represented by Guido Berardis, a member of its Legal Department, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, Jean Monnet Building, Kirchberg,

applicant,

Italian Republic, represented by Luigi Ferrari Bravo, Head of the Department for Contentious Diplomatic Affairs, acting as Agent, assisted by Pier Giorgio Ferri, avvocato dello Stato, with an address for service in Luxembourg at the Italian Embassy, 5, rue Marie-Adelaeide,

defendant,

APPLICATION for an interim order for the suspension of the award by the "Consorzio per la costruzione e la gestione di un impianto per l' incenerimento e trasformazione dei rifiuti solidi urbani" ( Consortium for the Construction and Management of the Incinerator and Processing Plant for Solid Urban Refuse ) whose headquarters are at the offices of the City of La Spezia, of a public-works contract in connection with the Consortium' s incinerator,

The President of the Court of Justice of the European Communities makes the following

Grounds

1 As to the facts of the case, reference is made to the application made on 18 July 1988 in which the Commission requested the Court to order, by way of interim relief in accordance with Article 84 ( 2 ) of the Rules of Procedure, the suspension of the award of a public-works contract by the "Consorzio per la costruzione e la gestione di un impianto per l' incenerimento e la trasformazione dei rifiuti solidi urbani ".

2 By an order dated 20 July 1988, the President of the Court, by way of an interlocutory decision, ordered the Italian Republic, as a conservatory measure, to adopt all the necessary measures to suspend the award of the aforementioned public-works contract until 15 September 1988, or such other date as might be fixed by a subsequent order of the Court, and to lodge its observations on the Commission' s application before 5 September 1988.

3 The Italian Republic lodged its observations on 2 September 1988.

4 In the light of the observations submitted by the Italian Republic, it proves to be necessary to hear the oral explanations of the parties . As a hearing cannot take place until after 15 September 1988, it is appropriate to extend the aforementioned conservatory measures until the date of the final order in these interlocutory proceedings.

Operative part

On those grounds,

The President, by way of interlocutory decision, hereby orders :

( 1 ) The Italian Republic shall adopt all the necessary measures to suspend the award of a public-works contract by the "Consorzio per la construzione e la gestione di un impianto per l' incenerimento e trasformazione dei rifiuti solidi urbani", whose headquarters are at the offices of the City of La Spezia, until the date of the final order in these interlocutory proceedings;

( 2 ) Costs are reserved.

Luxembourg, 13 September 1988.