Avis juridique important

61973O0160(01)

European Court reports 1974 Page 00281

Parties

IN THE JOINED CASES 160, 161, 170/73 R II

MILES DRUCE AND COMPANY LIMITED, A COMPANY REGISTERED IN ENGLAND WITH ITS OFFICE AT HIGH WYCOMBE, BUCKINGHAMSHIRE, REPRESENTED BY MEESTER B . H . TER KUILE, ADVOCATE AT THE HOGE RAAD OF THE NETHERLANDS AND MR A . J . C . PAINES, SOLICITOR OF THE SUPREME COURT IN ENGLAND, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MAITRE JACQUES LOESCH, ADVOCATE, 2 RUE GOETHE, APPLICANT,

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY MESSRS G . L . CLOSE AND E . ZIMMERMANN, ITS LEGAL ADVISERS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MR PIERRE LAMOUREUX, LEGAL ADVISER, 4 BOULEVARD ROYAL, DEFENDANT, AND

GUEST, KEEN AND NETTLEFOLDS LIMITED, A COMPANY REGISTERED IN ENGLAND WITH ITS OFFICE AT SMETHWICK, WARLEY, WORCESTERSHIRE, REPRESENTED BY MAITRE ETIENNE GUTT, ADVOCATE AT THE COURT OF APPEAL OF BRUSSELS AND MR MICHAEL WHEELER, Q.C ., LINCOLN'S INN, LONDON WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MAITRE ANDRE ELVINGER, ADVOCATE, 84 GRAND RUE, INTERVENING,

Grounds

1 IN VIEW OF THE IMPORTANCE OF THE INTERESTS INVOLVED, AND OF THE DEVELOPMENTS WHICH COULD TAKE PLACE BEFORE A RULING CAN BE GIVEN ON THE ISSUES DIVIDING THE PARTIES, IT IS IMPORTANT THAT NO CHANGE SHOULD TAKE PLACE IN THE STATUS QUO AND NO IRREPARABLE HARM SHOULD BE DONE;

2 IN THIS RESPECT, IT IS NOTED THAT THE COMMISSION HAS GIVEN A FORMAL UNDERTAKING TO DEFER THE IMPLEMENTATION OF ITS DECISION;

3 THE COMMISSION'S ATTITUDE WOULD, HOWEVER, HAVE LITTLE PRACTICAL VALUE IF, WITHIN THE TIME-LIMIT OF THREE WEEKS, IT PERMITTED ANY ACTION TO BE TAKEN BY ANYONE WHOMSOEVER;

4 IT IS THEREFORE FOR THE COMMISSION TO TAKE ALL STEPS NECESSARY TO ENSURE COMPLIANCE WITH THIS TIME-LIMIT AND UNTIL ITS EXPIRY, NEUTRAL BEHAVIOUR ON THE PART OF THOSE CONCERNED;

5 ALL PARTIES HAVING SET OUT THEIR POINTS OF VIEW IN WRITTEN SUBMISSIONS, IT IS PROPER TO MAKE AN ORDER IN VIEW OF THE URGENCY OF THE MATTER;

Decision on costs

6 IT IS PROPER TO RESERVE COSTS FOR THE TIME BEING,

Operative part

ORDERS

2 . IT SHALL TAKE ALL NECESSARY MEASURES TO ENSURE THAT NO ACTION IS TAKEN DURING THIS PERIOD .