Avis juridique important

61964J0040

European Court reports French edition Page 00279 Dutch edition Page 00268 German edition Page 00296 Italian edition Page 00272 English special edition Page 00215 Danish special edition Page 00047 Greek special edition Page 00075 Portuguese special edition Page 00079

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Summary

2 . AGRICULTURE - COMMON AGRICULTURAL POLICY - COMMON ORGANIZATION OF MARKETS - FRUIT AND VEGETABLE SECTOR - REFERENCE PRICE - CONCEPT - FIXING - NATURE - MEASURE OF GENERAL SCOPE ( REGULATION NO 23 OF THE COUNCIL OF THE EEC, ARTICLE 11(2 ); REGULATION NO 100 OF THE COMMISSION OF THE EEC )

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Parties

IN CASE 40/64 MARCELLO SGARLATA, SALVATORE URSO, IN HIS CAPACITY AS DIRECTOR OF THE SYRACUSE PROVINCIAL GROWERS' FEDERATION, PAOLO BELFIORE LUCOVICH, IN HIS CAPACITY AS PRESIDENT OF THE SYRACUSE FARMERS' ASSOCIATION, GIUSEPPE DENARO, IN HIS CAPACITY AS LEGAL REPRESENTATIVE OF THE PROVINCIAL FEDERATION OF THE UNION OF SYRACUSE MUTUAL CO-OPERATIVES, SALVATORE PITRUZZELLO, AUTHORIZED TO ACT FOR SEBASTIANO FORMICA BY POWER OF ATTORNEY, ANTONIO PIAZZA, SEBASTIANO FAILLA, SALVATORE BUTERA, GIUSEPPE INNORTA, VINCENZO PALUMBO, PRODUCERS AND EXPORTERS OF CITRUS FRUITS, ASSISTED BY CARLO SELVAGGI OF THE ROME BAR AND ALDO PALUMBO OF THE CATANIA BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MR ARENDT, ADVOCATE, 6 RUE WILLY-GOERGEN, APPLICANTS, V COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY, REPRESENTED BY ITS LEGAL ADVISER, GIANCARLO OLMI, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICES OF HENRI MANZANARES, SECRETARY OF THE LEGAL DEPARTMENT OF THE EUROPEAN EXECUTIVES, 2 PLACE DE METZ, DEFENDANT,

Subject of the case

APPLICATION FOR : 1 . THE ANNULMENT OF REGULATIONS NOS 65/64/EEC, 66/64/EEC AND 74/64/EEC OF THE COMMISSION DATED 16 AND 26 JUNE 1964; 2 . A DECLARATION THAT REGULATION NO 23 OF THE COUNCIL DATED 4 APRIL 1962 AND REGULATION NO 100 OF THE COMMISSION DATED 27 JULY 1962 ARE INAPPLICABLE IN SO FAR AS THEY ARE AT ISSUE IN THIS CASE;

Grounds

Decision on costs

UNDER ARTICLE 69(2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS . IN THIS CASE THE APPLICANTS HAVE FAILED IN THEIR ACTION AND MUST BEAR THE COST OF THE PROCEEDINGS .

Operative part

THE COURT HEREBY : 1 . DISMISSES APPLICATION 40/64 AS INADMISSIBLE; 2 . ORDERS THE APPLICANTS TO PAY THE COSTS .

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