[1]Avis juridique important
   |

                                 61974O0020(01)

   Order of the President of the Court of 8 July 1974. - Kali Chemie SA v
   Commission of the European Communities. - Case 20-74 R II.
   European Court reports 1974 Page 00787

   [2]Parties
   [3]Grounds
   [4]Decision on costs
   [5]Operative part

Parties

   ++++

   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,

Grounds

   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 .

Decision on costs

   4 IN THE PRESENT CIRCUMSTANCES THE COSTS SHOULD BE RESERVED .

Operative part

   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 .

References

   1. file:///../editorial/legal_notice.htm
   2. file:///tmp/lynxXXXXK22wNL/L111734-7624TMP.html#I1
   3. file:///tmp/lynxXXXXK22wNL/L111734-7624TMP.html#MO
   4. file:///tmp/lynxXXXXK22wNL/L111734-7624TMP.html#CO
   5. file:///tmp/lynxXXXXK22wNL/L111734-7624TMP.html#DI