Avis juridique important

61983O0010

European Court reports 1983 Page 01241

Parties

IN CASE 10/83 R

METALGOI SPA , WHOSE REGISTERED OFFICE IS AT 184 VIALE S . EUFEMIA , BRESCIA , REPRESENTED BY G . A . BERGMANN OF THE MILAN BAR , F . MASSONI OF THE BRUSSELS BAR AND G . PELLICANO OF THE MILAN BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ANDRE ELVINGER , 15 COTE D ' EICH ,

APPLICANT ,

COMMISSION OF THE EUROPEEN COMMUNITIES , 200 RUE DE LA LOI , B-1049 BRUSSELS , REPRESENTED BY SERGIO FABRO , A MEMBER OF ITS LEGAL DEPARTMENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ORESTE MONTALTO , A MEMBER OF ITS LEGAL DEPARTMENT , JEAN MONNET BUILDING , KIRCHBERG ,

DEFENDANT ,

Subject of the case

APPLICATION TO SUSPEND THE OPERATION OF COMMISSION DECISION C(82 ) 1631/6 OF 24 NOVEMBER 1982 CONCERNING A FINE IMPOSED ON THE APPLICANT UNDER ARTICLE 58 OF THE ECSC TREATY ,

Grounds

1 ACCORDING TO ARTICLE 39 OF THE ECSC TREATY ACTIONS BROUGHT BEFORE THE COURT DO NOT HAVE SUSPENSORY EFFECT . THE COURT MAY , HOWEVER , IF IT CONSIDERS THAT CIRCUMSTANCES SO REQUIRE , ORDER THAT APPLICATION OF THE CONTESTED DECISION BE SUSPENDED AND MAY PRESCRIBE ANY OTHER NECESSARY INTERIM MEASURES .

2 ALTHOUGH THE COMMISSION CONTENDS THAT THE COURT SHOULD DISMISS THE APPLICATION IT IS CLEAR FROM ITS WRITTEN AND ORAL SUBMISSIONS THAT IT DOES NOT OBJECT TO THE MAKING OF THE ORDER FOR SUSPENSION PROVIDED THAT THE APPLICANT PRODUCES A BANK GUARANTEE FOR PAYMENT OF THE FINE , IF IT REMAINS PAYABLE , TOGETHER WITH DEFAULT INTEREST IF APPROPRIATE . IN ADOPTING THIS VIEW THE COMMISSION IS ABIDING BY A COURSE OF ACTION WHICH IT ADOPTED IN 1981 AND WHICH MAY BE REGARDED AS JUSTIFIED PROVIDED THAT CONSIDERATION IS GIVEN IN APPROPRIATE CASES TO THE QUESTION WHETHER THERE ARE SPECIAL REASONS WHY IT SHOULD NOT BE FOLLOWED . THE APPLICANT , HOWEVER , HAS NOT SUBMITTED ANY ARGUMENT SHOWING SPECIAL REASONS FOR THE SETTING-ASIDE OF THE PROVISO TO WHICH THE COMMISSION WISHES THE SUSPENSION TO BE SUBJECTED . THERE ARE THEREFORE NO GROUNDS FOR DEPARTING FROM THAT CONDITION .

Operative part

ON THOSE GROUNDS ,

THE PRESIDENT ,

BY WAY OF INTERIM DECISION ,

HEREBY ORDERS AS FOLLOWS :

1 . THE OPERATION OF ARTICLE 2 OF COMMISSION DECISION C(82 ) 1631/6 OF 24 NOVEMBER 1982 SHALL BE SUSPENDED ON CONDITION THAT THE APPLICANT FIRST PRODUCES A BANK GUARANTEE ACCEPTABLE TO THE COMMISSION GUARANTEEING PAYMENT OF THE FINE IMPOSED BY THE CONTESTED DECISION AND DEFAULT INTEREST CALCULATED AT 1% ABOVE THE DISCOUNT RATE FIXED BY THE BANK OF ITALY .