61974O0020(01)

++++

IN CASE 20/74 R II

KALI CHEMIE AG, A COMPANY INCORPORATED UNDER GERMAN LAW HAVING ITS HEAD OFFICE AT HANOVER, REPRESENTED BY ITS DIRECTORS P . VON BISMARCK AND OTHERS, ASSISTED BY R . C . GALLER, J . MEYER-LANDRUT AND G . MILLEN, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF J . LOESCH, 2 RUE GOETHE, APPLICANT,

V

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY R . WAEGENBAUR, AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF P . LAMOUREUX, LEGAL ADVISER, 4 BOULEVARD ROYAL, DEFENDANT,

1 IT HAS NOT BEEN POSSIBLE TO REACH A JUDGMENT IN THE MAIN ACTION BEFORE THE EXPIRY OF THE TIME-LIMIT LAID DOWN FOR SUSPENSION OF OPERATION BY THE ORDER OF 3 APRIL 1974 .

2 THE FACTUAL SITUATION WHICH PROMPTED THE GRANT OF THE FIRST SUSPENSION HAS NOT CHANGED DURING THE INTERVENING PERIOD .

3 IN THE ABSENCE OF ANY PROCEDURAL OBSTACLE, THE JUDGMENT IN THE MAIN ACTION SHOULD BE REACHED WITHIN A PERIOD OF A FEW MONTHS .

4 IN THE PRESENT CIRCUMSTANCES THE COSTS SHOULD BE RESERVED .

ON THOSE GROUNDS,

ORDERS, AS AN INTERIM MEASURE AND IN VIEW OF THE URGENCY :

1 . THE OPERATION OF ARTICLE 3 OF THE DECISION OF THE COMMISSION OF 21 DECEMBER 1973 ( IV/795 - OJ OF 23 JANUARY 1974 ) IS SUSPENDED PENDING JUDGMENT IN THE MAIN ACTION .

2 . COSTS ARE RESERVED .