61964O0006

++++

IN CASE 6/64

REFERENCE TO THE COURT BY THE GIUDICE CONCILIATORE, MILAN ( FIRST CHAMBER ) FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE IT BETWEEN

FLAMINIO COSTA

AND

ENEL

WHEREAS EDISON, A COMPANY LIMITED BY SHARES, LODGED AN ' APPLICATION TO INTERVENE ' AT THE REGISTRY ON 20 MAY 1964, WITH THE AIM OF SUPPORTING BEFORE THE COURT THE CONCLUSIONS OF MR COSTA, THE PLAINTIFF BEFORE THE MILAN COURT;

WHEREAS BEFORE ANY OTHER STEP IS TAKEN IN THE CASE THE ADMISSIBILITY OF THIS APPLICATION MUST BE SETTLED;

WHEREAS BY ARTICLE 92 OF THE RULES OF PROCEDURE ' THE COURT MAY AT ANY TIME OF ITS OWN MOTION CONSIDER WHETHER THERE EXISTS ANY ABSOLUTE BAR TO PROCEEDING WITH A CASE ';

WHEREAS ARTICLE 177 OF THE EEC TREATY DOES NOT ENVISAGE CONTENTIOUS PROCEEDINGS DESIGNED TO SETTLE A DISPUTE BUT PRESCRIBES A SPECIAL PROCEDURE WHOSE AIM IS TO ENSURE A UNIFORM INTERPRETATION OF COMMUNITY LAW BY COOPERATION BETWEEN THE COURT OF JUSTICE AND THE NATIONAL COURTS AND WHICH ENABLES THE LATTER TO SEEK THE INTERPRETATION OF COMMUNITY PROVISIONS WHICH THEY HAVE TO APPLY IN DISPUTES BROUGHT BEFORE THEM;

WHEREAS, THEREFORE, THE PROCEDURE APPLICABLE BEFORE THE COURT DERIVES FROM THE SPECIAL RULES PRESCRIBED BY ARTICLE 20 OF THE STATUTE OF THE COURT OF JUSTICE, IN THE LIGHT OF WHICH THE ADMISSIBILITY OF THE ' APPLICATION TO INTERVENE ' BY THE EDISON COMPANY MUST BE EXAMINED;

WHEREAS BY THE ABOVE PROVISION ' THE PARTIES, THE MEMBER STATES, THE COMMISSION AND, WHERE APPROPRIATE, THE COUNCIL SHALL BE ENTITLED TO SUBMIT STATEMENTS OF CASE OR WRITTEN OBSERVATIONS TO THE COURT ';

WHEREAS SUCH A SPECIAL PROVISION WOULD BE POINTLESS IF THE RIGHT TO PARTICIPATE IN THE PROCEDURE UNDER ARTICLE 177 OF THE TREATY WERE CONFERRED ON ALL PERSONS INTERESTED UNDER ARTICLE 37 OF THE STATUTE;

WHEREAS, THEREFORE, ARTICLE 92 OF THE RULES OF PROCEDURE MUST BE APPLIED AS THERE ARE NO GROUNDS FOR ALLOWING THE INTERVENTION OF A THIRD PARTY WHICH, AS IS THE POSITION WITH EDISON, IS NOT INVOLVED IN THE ACTION BEFORE THE COURT MAKING THE REQUEST FOR A PRELIMINARY RULING AND SO HAS NOT THE RIGHT TO SUBMIT STATEMENTS OR WRITTEN OBSERVATIONS;

WHEREAS NO DECISION NEED BE MADE ON COSTS AS NONE HAVE BEEN INCURRED;

THE COURT

COMPOSED OF : A . M . DONNER, PRESIDENT, CH . L . HAMMES AND A . TRABUCCHI, PRESIDENTS OF CHAMBERS, L . DELVAUX AND R . LECOURT ( RAPPORTEUR ), JUDGES,

ADVOCATE-GENERAL : K . ROEMER

REGISTRAR : A . VAN HOUTTE

HEREBY ORDERS :

1 . THE INTERVENTION OF THE EDISON COMPANY IS INADMISSIBLE;

2 . NO DECISION NEED BE MADE ON COSTS .