61974O0071(01)

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IN CASE 71/74

NEDERLANDSE VERENIGING VOOR DE FRUIT - EN GROENTENIMPORTHANDEL NEDERLANDSE BOND VAN GROSSIERS IN ZUIDVRUCHTEN EN ANDER GEIMPORTEERD FRUIT

V

COMMISSION OF THE EUROPEAN COMMUNITIES

BY APPLICATION LODGED ON 30 SEPTEMBER 1974, THE 'FRUITUNIE' ASSOCIATION, HAVING ITS REGISTERED OFFICE IN ROTTERDAM, REQUESTED PERMISSION TO INTERVENE IN CASE 71/74 .

1 ARTICLE 93 ( 1 ) OF THE RULES OF PROCEDURE PROVIDES THAT AN APPLICATION TO INTERVENE MUST BE MADE BEFORE THE OPENING OF THE ORAL PROCEDURE .

2 THE APPLICATION WAS PRESENTED WITHIN THE TIME LIMIT PRESCRIBED .

3 AS PROVIDED FOR IN ARTICLE 93 ( 3 ) OF THE RULES OF PROCEDURE THE APPLICATION WAS SERVED ON THE PARTIES TO THE ORIGINAL CASE .

4 BY STATEMENT LODGED ON 7 OCTOBER 1974, THE DEFENDANT DECLARED THAT IT HAD NO OBJECTION TO THE APPLICATION TO INTERVENE .

5 BY STATEMENT LODGED ON 4 OCTOBER 1974, THE APPLICANTS OPPOSED THE REQUEST TO INTERVENE MADE BY 'FRUITUNIE' ON THE GROUNDS THAT THE SUBMISSIONS SET OUT IN THE APPLICATION TO INTERVENE DO NOT SEEK TO SUPPORT THE SUBMISSIONS OF ONE OF THE ORIGINAL PARTIES, BUT SEEK TO SUPPORT THE DECISION IN ISSUE, AND THAT THE SAID REQUEST DOES NOT SATISFY THE PROCEDURAL REQUIREMENTS LAID DOWN BY THE PROTOCOL ON THE STATUTE OF THE COURT .

6/7 THE INTERVENER'S INTEREST IN THE CASE RESULTS FROM THE ADVANTAGES IT CAN GAIN FROM THE OPERATION OF A DECISION FREEING IT FROM THE AGREEMENT IN ISSUE .

8 THIS BEING SO, IT SUPPORTS THE SUBMISSIONS OF THE COMMISSION .

9 THE APPLICATION TO INTERVENE SHOULD THEREFORE BE ALLOWED .

ON THOSE GROUNDS,

THE COURT

COMPOSED OF : R . LECOURT, PRESIDENT, C . O DALAIGH ( RAPPORTEUR ) AND LORD MACKENZIE STUART, PRESIDENTS OF CHAMBERS, A . M . DONNER, R . MONACO, J . MERTENS DE WILMARS, P . PESCATORE, H . KUTSCHER AND M . SOERENSEN, JUDGES,

ADVOCATE-GENERAL : J . P . WARNER

REGISTRAR : A . VAN HOUTTE

ORDERS :

1 . THE INTERVENTION OF THE 'FRUITUNIE' ASSOCIATION IN CASE 71/74 IS ALLOWED;

2 . COPIES OF ALL PROCEDURAL DOCUMENTS ARE TO BE SERVED ON THE INTERVENER BY THE REGISTRAR;

3 . THE COSTS ARE RESERVED .