Avis juridique important

61964O0056

European Court reports French edition Page 00556 Dutch edition Page 00571 German edition Page 00450 Italian edition Page 00572 English special edition Page 00382

Parties

IN CASE 56/64 SOCIETE CONSTEN, THE REGISTERED OFFICE OF WHICH IS AT COURBEVOIE ( SEINE ), FRANCE, APPLICANT, V COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY, DEFENDANT,

Grounds

WHEREAS UNDER ARTICLE 37(2 ) OF THE STATUTE OF THE COURT ANNEXED TO THE EEC TREATY ANY PERSON ESTABLISHING AN INTEREST IN THE RESULT OF ANY CASE HAS THE RIGHT TO INTERVENE IN THAT CASE; WHEREAS THE INTEREST NECESSARY IN THIS RESPECT MUST NOT RELATE SIMPLY TO ABSTRACT LEGAL ARGUMENTS BUT TO THE ACTUAL CONCLUSIONS OF A PARTY TO THE MAIN ACTION; WHEREAS IN THE PRESENT CASE IN CONSIDERATION OF THE IMPORTANCE OF THE CONTESTED DECISION IN RELATION TO THE OUTCOME OF THE PROCEEDINGS PENDING BEFORE THE FRENCH COURT BETWEEN THE CONSTEN AND LEISSNER COMPANIES THE ACCEPTANCE OR REJECTION OF THE CONCLUSIONS OF THE DEFENDANT CANNOT FAIL TO EXERCISE A DECISIVE INFLUENCE ON THE OUTCOME OF THE ABOVEMENTIONED CASE; WHEREAS THEREFORE THE POSITION OF THE APPLICANT IN RELATION TO THE OUTCOME OF THE PRESENT CASE IS SUCH AS TO ESTABLISH ITS INTEREST IN INTERVENING IN SUPPORT OF THE CONCLUSIONS OF THE DEFENDANT IN ACCORDANCE WITH ARTICLE 37(2 ) OF THE STATUTE OF THE COURT OF JUSTICE OF THE EEC; WHEREAS IT FOLLOWS FROM THE FOREGOING CONSIDERATIONS THAT THE APPLICATION TO INTERVENE MUST SUCCEED;

Operative part

1 . THE LEISSNER COMPANY IS AUTHORIZED TO INTERVENE IN CASE 56/64 . A TIME LIMIT SHALL BE FIXED FOR THE LODGING OF THE INTERVENER'S WRITTEN OBSERVATIONS IN SUPPORT OF THE CONCLUSIONS OF THE DEFENDANT; 2 . A COPY OF EACH PLEADING SHALL BE RESERVED ON THE INTERVENER BY THE REGISTRAR; 3 . THE COSTS ARE RESERVED .