61968O0031(01)

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IN CASE 31/68

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE ARRONDISSEMENTSRECHTBANK, ROTTERDAM, FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

SA CHANEL, HAVING ITS REGISTERED OFFICE IN NEUILLY-SUR-SEINE ( FRANCE ),

AND

CEPEHA HANDELSMAATSCHAPPIJ NV, HAVING ITS REGISTERED OFFICE IN ROTTERDAM,

ON THE INTERPRETATION OF ARTICLE 85 OF THE EEC TREATY ( AND OF THE RULES GOVERNING ITS APPLICATION ),

BY JUDGMENT OF 3 DECEMBER 1968 RECEIVED AT THE REGISTRY ON 13 DECEMBER 1968 THE ARRONDISSEMENTSRECHTBANK, ROTTERDAM, MADE A REFERENCE TO THE COURT FOR AN INTERPRETATION OF ARTICLE 85 OF THE EEC TREATY .

THE COURT WAS NOTIFIED BY COMMUNICATION OF 29 JANUARY 1969 FROM THE SAID COURT THAT AN APPEAL HAD BEEN LODGED AGAINST THAT JUDGMENT AND THAT AS A RESULT " EXECUTION OF THE JUDGMENT IS DEFERRED ".

FOLLOWING THIS COMMUNICATION THE COURT DECIDED, BY ORDER OF 3 JUNE 1969, TO SUSPEND JUDGMENT .

BY A LETTER RECEIVED AT THE REGISTRY ON 12 JUNE 1970, THE REGISTRAR OF THE ARRONDISSEMENTSRECHTBANK INFORMED THE COURT THAT A JUDGMENT OF 6 MAY 1970 OF THE GERECHTSHOF, THE HAGUE, HAD AMENDED THE JUDGMENT OF 3 DECEMBER 1968 .

ACCORDINGLY THE REFERENCE FOR INTERPRETATION HAS LOST ITS PURPOSE .

THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES WHICH HAD SUBMITTED ITS OBSERVATIONS TO THE COURT ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE ARRONDISSEMENTSRECHTBANK, ROTTERDAM, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .

THE COURT

HEREBY ORDERS :

CASE 31/68 IS REMOVED FROM THE REGISTER OF THE COURT .