Avis juridique important

61988O0194

European Court reports 1988 Page 04547

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 ) )

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 G . Kremlis, Jean Monnet Building, Kirchberg,

applicant,

Italian Republic,

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 On the basis that the Commission' s assertions may, at this stage of the proceedings, be regarded as true, it appears that the adoption of interim measures is necessary.

3 It is necessary to enable the Court to be sufficiently informed and in a position to judge a complex situation.

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 costruzione 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 15 September 1988 or such other date as may be fixed by a subsequent order of the Court;

( 2 ) The Italian Republic shall lodge its observations on the Commission' s application before 5 September 1988;

( 3 ) Costs are reserved.

Luxembourg, 20 July 1988.