61976O0027

IN CASE 27/76 R

UNITED BRANDS COMPANY , A COMPANY REGISTERED IN NEW JERSEY , UNITED STATES OF AMERICA ,

AND

UNITED BRANDS CONTINENTAAL BV , A NETHERLANDS COMPANY HAVING ITS REGISTERED OFFICE AT 3 VAN VOLLENHOVENSTRAAT , 3002 ROTTERDAM , REPRESENTED AND ASSISTED BY IVO VAN BAEL AND JEAN-FRANCOIS BELLIS OF THE BRUSSELS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MR ELVINGER AND MR HOSS , 84 GRAND RUE ,

APPLICANTS ,

V COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISERS , ANTONIO MARCHINI-CAMIA AND JOHN TEMPLE LANG , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MARIO CERVINO , BATIMENT CFL , PLACE DE LA GARE ,

DEFENDANT ,

FINDING THAT , AS REGARDS THE INTERIM MEASURES , THE PARTIES ARE NO LONGER OPPOSED IN LAW , THE PRESIDENT CONSIDERS THAT THERE ARE GROUNDS FOR ORDERING THE SAID MEASURES , WHILST TAKING NOTE OF THE DECLARATIONS MADE BY THE PARTIES CONCERNING IN PARTICULAR THE AMENDMENT OF THE CLAUSE CONCERNING THE RE-SALE OF BANANAS WHILE STILL GREEN .

IT IS THEREFORE POSSIBLE TO REACH A DECISION WITHOUT OPENING THE ORAL PROCEDURE , WHICH HAS BECOME UNNECESSARY .

IT IS UNNECESSARY , AT THIS STAGE , TO MAKE ANY ORDER AS TO COSTS .

ON THOSE GROUNDS ,

THE PRESIDENT

AS AN INTERIM MEASURE HEREBY :

ORDERS

1 . THE SUSPENSION OF THE OPERATION OF ARTICLE 3 ( A ) AND THE FIRST INDENT OF ARTICLE 3 ( B ) OF THE DECISION OF THE COMMISSION OF 17 DECEMBER 1975 ( IV/26 699 ) IS GRANTED UNTIL JUDGMENT IS GIVEN ON THE SUBSTANCE OF CASE 27/76 , IN SO FAR AS THE APPLICANTS HAVE NOT ALREADY OF THEIR OWN ACCORD BROUGHT TO AN END THE INFRINGEMENTS REFERRED TO BY THE COMMISSION IN ARTICLE 1 OF THE SAID DECISION ;

2 . THE COSTS ARE RESERVED .