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Order of the President of the Court of 8 July 1974. # Kali Chemie SA v Commission of the European Communities. # Case 20-74 R II.
ECLI:EU:C:1974:77
61974CO0020(01)
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Avis juridique important
61974O0020(01)
European Court reports 1974 Page 00787
Parties
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IN CASE 20/74 R II
KALI CHEMIE AG, A COMPANY INCORPORATED UNDER GERMAN LAW HAVING ITS HEAD OFFICE AT HANOVER, REPRESENTED BY ITS DIRECTORS P . VON BISMARCK AND OTHERS, ASSISTED BY R . C . GALLER, J . MEYER-LANDRUT AND G . MILLEN, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF J . LOESCH, 2 RUE GOETHE, APPLICANT,
COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY R . WAEGENBAUR, AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF P . LAMOUREUX, LEGAL ADVISER, 4 BOULEVARD ROYAL, DEFENDANT,
Grounds
1 IT HAS NOT BEEN POSSIBLE TO REACH A JUDGMENT IN THE MAIN ACTION BEFORE THE EXPIRY OF THE TIME-LIMIT LAID DOWN FOR SUSPENSION OF OPERATION BY THE ORDER OF 3 APRIL 1974.
2 THE FACTUAL SITUATION WHICH PROMPTED THE GRANT OF THE FIRST SUSPENSION HAS NOT CHANGED DURING THE INTERVENING PERIOD.
3 IN THE ABSENCE OF ANY PROCEDURAL OBSTACLE, THE JUDGMENT IN THE MAIN ACTION SHOULD BE REACHED WITHIN A PERIOD OF A FEW MONTHS.
Decision on costs
4 IN THE PRESENT CIRCUMSTANCES THE COSTS SHOULD BE RESERVED.
Operative part
ON THOSE GROUNDS,
ORDERS, AS AN INTERIM MEASURE AND IN VIEW OF THE URGENCY :
1 . THE OPERATION OF ARTICLE 3 OF THE DECISION OF THE COMMISSION OF 21 DECEMBER 1973 ( IV/795 - OJ OF 23 JANUARY 1974 ) IS SUSPENDED PENDING JUDGMENT IN THE MAIN ACTION.
2 . COSTS ARE RESERVED.