61963O0111

++++

IN CASE 111/63

LEMMERZ-WERKE GMBH OF KOENIGSWINTER

APPLICANT,

V

HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY

DEFENDANT,

WHEREAS THE COMPANY KLOECKNER-WERKE AG OF DUISBURG - HEREINAFTER CALLED THE INTERVENER - LODGED ON 4 AUGUST 1964 AN APPLICATION TO INTERVENE IN SUPPORT OF THE SUBMISSIONS OF THE APPLICANT IN THE MAIN ACTION;

WHEREAS IN A LETTER LODGED AT THE COURT ON 19 AUGUST 1964 THE APPLICANT IN THE MAIN ACTION STATED THAT IT RAISED NO OBJECTION TO THE APPLICATION TO INTERVENE; AND WHEREAS THE DEFENDANT SUBMITS IN ITS OBSERVATIONS LODGED ON 14 SEPTEMBER 1964 THAT THE APPLICATION TO INTERVENE SHOULD BE DISMISSED;

WHEREAS THE APPLICANT IN THE MAIN ACTION CLAIMS THAT THE COURT SHOULD ANNUL AN INDIVIDUAL DECISION CALLING UPON IT TO PAY A SUM ASSESSED UNDER THE IMPORTED FERROUS SCRAP EQUALIZATION SCHEME;

WHEREAS IN SUPPORT OF ITS CLAIM IT SUBMITS IN PARTICULAR THAT DURING THE RELEVANT PERIOD IT HAD NOT YET ENGAGED IN PRODUCTION WITHIN THE MEANING OF ARTICLE 80 OF THE ECSC TREATY, BECAUSE AT THAT TIME ONLY EXPERIMENTAL AND PREPARATORY OPERATIONS WERE BEING CARRIED OUT AT ITS FACTORIES;

WHEREAS THE INTERVENER CLAIMS TO BE THE LEGAL SUCCESSOR OF THE COMPANY KLOECKNER-HUETTE BREMEN AG WHICH AT THAT TIME WAS IN THE SAME SITUATION AS THE APPLICANT;

WHEREAS, SINCE THE HIGH AUTHORITY MUST THEREFORE APPLY THE SAME CRITERIA TO ALL COMPARABLY PLACED UNDERTAKINGS, THE JUDGMENT WHICH THE COURT HAS TO GIVE IN THIS CASE IS BOUND TO PREJUDGE THE INTERVENER'S CASE;

WHEREAS THE DEFENDANT RAISES AN OBJECTION OF INADMISSIBILITY BASED ON THE FACT THAT THE INTERVENER HAS NOT ESTABLISHED THAT IT HAS AN INTEREST IN THE RESULT OF THE CASE BUT ONLY THAT IT HAS AN INTEREST IN THE SUCCESSFUL PROSECUTION OF ONE OF THE POINTS PUT FORWARD BY THE APPLICANT IN THE MAIN ACTION;

WHEREAS ACCORDING TO THE FIRST PARAGRAPH OF ARTICLE 34 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE ECSC ONLY PERSONS ' ESTABLISHING AN INTEREST IN THE RESULT OF A CASE ' MAY INTERVENE IN THAT CASE;

WHEREAS BY THE EXPRESSION ' RESULT ' IS TO BE UNDERSTOOD THE OPERATIVE PART OF THE FINAL JUDGMENT WHICH THE PARTIES ASK THE COURT TO DELIVER;

WHEREAS, IF UNDER THE SECOND PARAGRAPH OF ARTICLE 34 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE ECSC SUBMISSIONS MADE IN AN APPLICATION TO INTERVENE SHALL BE LIMITED TO SUPPORTING OR REQUESTING THE REJECTION OF THE SUBMISSIONS OF ONE OF THE PARTIES, IT FOLLOWS THAT THE INTEREST IN QUESTION MUST BE ESTABLISHED WITH REFERENCE TO THOSE SUBMISSIONS AND NOT TO THE GROUNDS PUT FORWARD IN SUPPORT OF THEM;

WHEREAS THIS HAS NOT HAPPENED IN THIS CASE BECAUSE THE INTERVENER HAS NOT ESTABLISHED A DIRECT, EXISTING INTEREST IN THE ACCEPTANCE BY THE COURT OF THESE SUBMISSIONS, SINCE THE ONLY INTEREST CLAIMED BY THE INTERVENER IS IN THE SUCCESS OF CERTAIN OF THE APPLICANT'S ARGUMENTS;

WHEREAS FOR THESE REASONS THE APPLICATION TO INTERVENE MUST BE DISMISSED;

WHEREAS, SINCE THE INTERVENER'S APPLICATION HAS FAILED, UNDER ARTICLE 69(2 ) OF THE RULES OF PROCEDURE IT MUST THEREFORE BE ORDERED TO PAY THE COSTS;

THE COURT

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

ADVOCATE-GENERAL : K . ROEMER

REGISTRAR : A . VAN HOUTTE

HEREBY ORDERS :

1 . THE APPLICATION OF KLOECKNER-WERKE AG TO INTERVENE IS DISMISSED;

2 . KLOECKNER-WERKE AG SHALL PAY THE COSTS OF THE INTERVENTION PROCEEDINGS .

DELIVERED IN OPEN COURT IN LUXEMBOURG ON 25 NOVEMBER 1964 .