11951K/PRO/CJ/53

Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title IV* - The Court of First instance of the European Communities - Suspensory effect - Article 53

* Inserted by Article 5 of the Council Decision of 24 October 1988 establishing a Court of First Instance of the European Communities (OJ L 319, 25. 11. 1988, p. 1).

Without prejudice to the second and third paragraphs of Article 39 of this Treaty, an appeal shall not have suspensory effect.

By way of derogation from Article 44 of the Treaty, decisions of the Court of First Instance declaring a general decision or general recommendation to be void shall take effect only as from the date of expiry of the period referred to in the first paragraph of Article 49 of this Statute, or if an appeal shall have been brought within that period, as from the date of dismissal of the appeal, without prejudice, however, to the right of a party to apply to the Court of Justice pursuant to the second and third paragraphs of Article 39 of the Treaty, for the suspension of the effects of the act which has been declared void or for the prescription of any other interim measure.*

* Second paragraph as amended by Article 2 of Council Decision of 8 June 1993 amending Council Decision 88/591/ECSC, EEC, Euratom establishing a Court of First Instance of the European Communities (OJ L 144, 16. 6. 1993, p. 21).