Avis juridique important

61981O0318

European Court reports 1982 Page 01325

Parties

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - APPOINTMENT OF A TECHNICAL EXPERT ( EAEC TREATY , ART . 158 ; STATUTE OF THE COURT OF JUSTICE OF THE EAEC , ART . 37 ; RULES OF PROCEDURE , ART . 83 ( 2 ))

IN CASE 318/81 R

COMMISION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , GIANLUIGI CAMPOGRANDE , ACTING AS AGENT , ASSISTED BY PIETRO ZICCARDI , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ORESTE MONTALTO , JEAN MONNET BUILDING , KIRCHBERG ,

APPLICANT ,

DEFENDANT ,

Grounds

1 PURSUANT TO ARTICLE 158 OF THE EAEC TREATY , ARTICLE 37 OF THE STATUTE OF THE COURT OF JUSTICE OF THE EAEC AND ARTICLE 83 OF THE RULES OF PROCEDURE OF THE COURT , THE PRESIDENT OF THE COURT MAY , AT THE REQUEST OF ONE OR MORE PARTIES TO A DISPUTE BROUGHT BEFORE THE COURT , PRESCRIBE THE NECESSARY INTERIM MEASURES PENDING A DECISION ON THE SUBSTANCE OF THE CASE .

2 THE CHECKS REQUESTED AT THIS STAGE OF THE PROCEEDINGS BOTH BY THE COMMISSION AND BY THE DEFENDANT ARE OF A PRECAUTIONARY AND URGENT NATURE . IN PARTICULAR THEY ARE NECESSARY IN ORDER TO DETERMINE THE SITUATION ON SITE ON THE DATE WHEN WORK WAS SUSPENDED AS A RESULT OF THE DISPUTE BETWEEN THE PARTIES . MOREOVER , IT IS IN THE INTERESTS OF THE PARTIES FOR AN INSPECTION , AT WHICH THEY ARE BOTH REPRESENTED , TO BE CARRIED OUT REGARDING THE STATE OF THE SITE AND OF THE CONTRUCTION WORK ALREADY PERFORMED . THE CHECKS TO BE CARRIED OUT WILL MOREOVER BE WITHOUT PREJUDICE TO ANY OTHER PREPARATORY INQUIRIES REQUESTED BY THE PARTIES IN THE MAIN PROCEEDINGS , WHICH MAY BE ORDERED BY THE COURT AT A LATER STAGE .

3 IT IS THEREFORE APPROPRIATE TO APPOINT AN EXPERT TO CARRY OUT THE CHECKS SPECIFIED BELOW .

Operative part

ON THOSE GROUNDS ,

THE PRESIDENT ,

BY WAY OF INTERIM MEASURE ,

HEREBY ORDERS AS FOLLOWS :

( A ) DESCRIBE THE WORKS EXECUTED BY CO.DE.MI . ON THE SITES WHERE THE BUILDINGS AT THE ISPRA CENTRE , REFERRED TO AS IP AND MB IN THE COMMISSION ' S LETTERS OF 14 AND 20 DECEMBER 1979 COMMISSIONING THOSE WORKS , ARE UNDER CONSTRUCTION AND DETERMINE HOW FAR THEY HAVE PROGRESSED ;

( B)DESCRIBE THE QUALITATIVE STANDARD OF THE WORKS , IN PARTICULAR THEIR PRESENT CONDITION AND THE EXTENT TO WHICH THEY CONFORM TO THE REQUIREMENTS LAID DOWN IN THE CLAUSES AND CONDITIONS ;

( C)DESCRIBE THE EQUIPMENT AND MATERIALS STILL ON SITE AND THEIR PRESENT CONDITION .

4.THE COMMISSION SHALL MAKE SUCH FUNDS AVAILABLE AS MAY BE NECESSARY FOR THE DISCHARGE OF THE DUTIES ENTRUSTED TO THE TECHNICAL EXPERT .

5.COSTS ARE RESERVED .