Summary
Parties
Grounds
Decision on costs
Operative part
Keywords
++++
Applications for interim measures ° Conditions of admissibility ° Main action dismissed as inadmissible
(EEC Treaty, Arts 185 and 186; Rules of Procedure of the Court, Art. 83(1))
Summary
The dismissal on the ground of inadmissibility of the main action to which an application for interim relief relates renders that application itself inadmissible.
Parties
In Case C-295/92 R,
Landbouwschap, a body governed by public law, established in the Hague (Netherlands), represented by J.J. Feenstra, of the Rotterdam Bar, with an address for service in Luxembourg at the Chambers of Marc Loesch, 8 Rue Zithe,
applicant,
v
Commission of the European Communities, represented by Michel Nolin and Pieter van Nuffel, of its Legal Service, acting as Agents, with an address for service in Luxembourg at the office of Roberto Hayder, of its Legal Service, Wagner Centre, Kirchberg,
defendant,
APPLICATION for an order by the Court suspending the operation of the Commission' s Decision of 29 April 1992 addressed to the Kingdom of the Netherlands whereby that institution decided to raise no objections to the elements of State aid and contained in the draft legislation amending the Wet Algemene Bepalingen Milieuhygiëne (Law laying down general provisions concerning environmental protection), and also providing for certain interim measures,
THE PRESIDENT OF THE COURT OF JUSTICE
OF THE EUROPEAN COMMUNITES
makes the following
Order
Grounds
1 By application lodged at the Court Registry on 3 July 1992, the Landbouwschap brought an action under the second paragraph of Article 173 of the EEC Treaty for the annulment of the Commission Decision of 29 April 1992 addressed to the Kingdom of the Netherlands whereby that institution decided not to raise any objections to the elements of State aid contained in the draft legislation amending the Wet Algemene Bepalingen Milieuhygiëne (Law laying down general provisions concerning environmental protection).
2 By a separate document lodged at the Court Registry on the same date, the Landbouwschap also applied to the Court for interim relief in the form of an order, pursuant to Article 185 of the EEC Treaty, (1) suspending the operation of the Commission Decision of 29 April 1992, which is the subject of the application for annulment, and (2) directing the Commission to initiate, with retroactive effect to 29 April 1992, the procedure referred to in Article 93(2) of the EEC Treaty.
3 The Commission submitted written observations on the application for interim relief on 5 August 1992 and oral argument from the parties was heard on 21 September 1992.
4 However, by order of 30 September 1992, the Court dismissed the main action as inadmissible under Article 92(1) of the Rules of Procedure.
5 The application for interim relief is, therefore, inadmissible and must be dismissed.
Decision on costs
Costs
6 Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs. Since the applicant has been unsuccessful, it must be ordered to pay the costs incurred in these proceedings.
Operative part
On those grounds,
THE PRESIDENT
hereby orders:
1. The application for interim relief is dismissed.
2. The costs shall be borne by the applicant.
Luxembourg, 12 October 1992.
Full & Egal Universal Law Academy