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Order of the Court of 10 November 1977. # Hellmut Stimming KG v Commission of the European Communities. # Case 90-77.
ECLI:EU:C:1977:183
61977CO0090
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61977O0090
European Court reports 1977 Page 02113
Parties
IN CASE 90/77 ,
HELLMUT STIMMING KG , WITTEN ,
APPLICANT ,
V COMMISSION OF THE EUROPEAN COMMUNITIES ,
DEFENDANT ,
Grounds
1 BY AN APPLICATION LODGED ON 21 JULY 1977 , THE APPLICANT BROUGHT AN ACTION FOR DAMAGES ' AGAINST THE COMMISSION OF THE EUROPEAN COMMUNITIES ' .
2 IN ITS REPLY IN THAT CASE , THE APPLICANT PURPORTS TO ' EXTEND ' ITS ACTION AND BRING IT ALSO AGAINST THE COUNCIL OF THE EUROPEAN COMMUNITIES .
3 THE RULES OF PROCEDURE DO NOT ALLOW SUCH AN ALTERATION IN THE PERSON OF THE DEFENDANT .
4 ACCORDINGLY , THE REPLY IS TO BE ACCEPTED ONLY AS A PLEADING IN THE PROCEEDINGS BETWEEN THE APPLICANT AND THE COMMISSION , BUT CANNOT BE REGARDED AS COMMENCING AN ACTION AGAINST THE COUNCIL .
Operative part
HEREBY :
ORDERS THE REGISTRAR NOT TO SERVE ON THE COUNCIL OF THE EUROPEAN COMMUNITIES THE REPLY LODGED ON 7 NOVEMBER 1977 .