61964O0058

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IN CASE 58/64

GRUNDIG-VERKAUFS-GMBH, THE REGISTERED OFFICE OF WHICH IS AT FUERTH ( BAVARIA ),

APPLICANT,

V

COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY,

DEFENDANT,

WHEREAS UNDER ARTICLE 37(2 ) OF THE STATUTE OF THE COURT ANNEXED TO THE EEC TREATY ANY PERSON ESTABLISHING AN INTEREST IN THE RESULT OF ANY CASE HAS THE RIGHT TO INTERVENE IN THAT CASE;

WHEREAS THE INTEREST NECESSARY IN THIS RESPECT MUST NOT RELATE SIMPLY TO ABSTRACT LEGAL ARGUMENTS BUT TO THE ACTUAL CONCLUSIONS OF A PARTY TO THE MAIN ACTION;

WHEREAS IN THE PRESENT CASE, IN CONSIDERATION OF THE IMPORTANCE OF THE CONTESTED DECISION IN RELATION TO THE OUTCOME OF THE PROCEEDINGS PENDING BEFORE THE FRENCH COURT BETWEEN UNEF AND CONSTEN, THE ACCEPTANCE OR REJECTION OF THE CONCLUSIONS OF THE DEFENDANT CANNOT FAIL TO EXERCISE A DECISIVE INFLUENCE ON THE OUTCOME OF THE ABOVEMENTIONED CASE;

WHEREAS THEREFORE THE POSITION OF THE APPLICANT IN RELATION TO THE OUTCOME OF THE PRESENT CASE IS SUCH AS TO ESTABLISH ITS INTEREST IN INTERVENING IN SUPPORT OF THE CONCLUSIONS OF THE DEFENDANT IN ACCORDANCE WITH ARTICLE 37(2 ) OF THE STATUTE OF THE COURT OF JUSTICE OF THE EEC;

WHEREAS IT FOLLOWS FROM THE FOREGOING CONSIDERATIONS THAT THE APPLICATION TO INTERVENE MUST SUCCEED;

1 . THE UNEF COMPANY IS AUTHORIZED TO INTERVENE IN CASE 58/64 . A TIME-LIMIT SHALL BE FIXED FOR THE LODGING OF THE INTERVENER'S WRITTEN OBSERVATIONS IN SUPPORT OF THE CONCLUSIONS OF THE DEFENDANT;

2 . A COPY OF EACH PLEADING SHALL BE SERVED ON THE INTERVENER BY THE REGISTRAR;

3 . THE COSTS ARE RESERVED .