[1]Avis juridique important
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                                 61992O0295(01)

   Order of the President of the Court of 12 October 1992. - Landbouwschap
   v Commission of the European Communities. - Inadmissibility. - Case
   C-295/92 R.
   European Court reports 1992 Page I-05069

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

Keywords

   ++++

   Applications for interim measures ° Conditions of admissibility ° Main
   action dismissed as inadmissible

   (EEC Treaty, Arts 185 and 186; Rules of Procedure of the Court, Art.
   83(1))

Summary

   The dismissal on the ground of inadmissibility of the main action to
   which an application for interim relief relates renders that
   application itself inadmissible.

Parties

   In Case C-295/92 R,

   Landbouwschap, a body governed by public law, established in the Hague
   (Netherlands), represented by J.J. Feenstra, of the Rotterdam Bar, with
   an address for service in Luxembourg at the Chambers of Marc Loesch, 8
   Rue Zithe,

   applicant,

   v

   Commission of the European Communities, represented by Michel Nolin and
   Pieter van Nuffel, of its Legal Service, acting as Agents, with an
   address for service in Luxembourg at the office of Roberto Hayder, of
   its Legal Service, Wagner Centre, Kirchberg,

   defendant,

   APPLICATION for an order by the Court suspending the operation of the
   Commission' s Decision of 29 April 1992 addressed to the Kingdom of the
   Netherlands whereby that institution decided to raise no objections to
   the elements of State aid and contained in the draft legislation
   amending the Wet Algemene Bepalingen Milieuhygiëne (Law laying down
   general provisions concerning environmental protection), and also
   providing for certain interim measures,

   THE PRESIDENT OF THE COURT OF JUSTICE

   OF THE EUROPEAN COMMUNITES

   makes the following

   Order

Grounds

   1 By application lodged at the Court Registry on 3 July 1992, the
   Landbouwschap brought an action under the second paragraph of Article
   173 of the EEC Treaty for the annulment of the Commission Decision of
   29 April 1992 addressed to the Kingdom of the Netherlands whereby that
   institution decided not to raise any objections to the elements of
   State aid contained in the draft legislation amending the Wet Algemene
   Bepalingen Milieuhygiëne (Law laying down general provisions concerning
   environmental protection).

   2 By a separate document lodged at the Court Registry on the same date,
   the Landbouwschap also applied to the Court for interim relief in the
   form of an order, pursuant to Article 185 of the EEC Treaty, (1)
   suspending the operation of the Commission Decision of 29 April 1992,
   which is the subject of the application for annulment, and (2)
   directing the Commission to initiate, with retroactive effect to 29
   April 1992, the procedure referred to in Article 93(2) of the EEC
   Treaty.

   3 The Commission submitted written observations on the application for
   interim relief on 5 August 1992 and oral argument from the parties was
   heard on 21 September 1992.

   4 However, by order of 30 September 1992, the Court dismissed the main
   action as inadmissible under Article 92(1) of the Rules of Procedure.

   5 The application for interim relief is, therefore, inadmissible and
   must be dismissed.

Decision on costs

   Costs

   6 Under Article 69(2) of the Rules of Procedure, the unsuccessful party
   is to be ordered to pay the costs. Since the applicant has been
   unsuccessful, it must be ordered to pay the costs incurred in these
   proceedings.

Operative part

   On those grounds,

   THE PRESIDENT

   hereby orders:

   1. The application for interim relief is dismissed.

   2. The costs shall be borne by the applicant.

   Luxembourg, 12 October 1992.

References

   1. file:///../editorial/legal_notice.htm
   2. file:///tmp/lynxXXXX61kfaT/L107407-6974TMP.html#SM
   3. file:///tmp/lynxXXXX61kfaT/L107407-6974TMP.html#I1
   4. file:///tmp/lynxXXXX61kfaT/L107407-6974TMP.html#MO
   5. file:///tmp/lynxXXXX61kfaT/L107407-6974TMP.html#CO
   6. file:///tmp/lynxXXXX61kfaT/L107407-6974TMP.html#DI