61954O0008

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HAVING REGARD TO THE APPLICATION SUBMITTED BY THE LUXEMBOURG GOVERNMENT ON 30 SEPTEMBER 1955 TO INTERVENE IN THE ACTIONS PENDING BEFORE THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES

BETWEEN

ASSOCIATION DES UTILISATEURS DE CHARBON DU GRAND-DUCHE DE LUXEMBOURG

AND

HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY

( JOINED CASES 8 AND 10/54 );

HAVING REGARD TO THE WRITTEN OBSERVATIONS AND CONCLUSIONS SUBMITTED ON 24 OCTOBER 1955 BY THE HIGH AUTHORITY, THE DEFENDANT IN THE MAIN ACTION;

HAVING REGARD TO THE WRITTEN OBSERVATIONS AND CONCLUSIONS SUBMITTED ON THE SAME DATE BY THE ASSOCIATION DES UTILISATEURS DE CHARBON DU GRAND-DUCHE DE LUXEMBOURG, THE APPLICANT IN THE MAIN ACTION;

UPON HEARING THE PARTIES;

UPON HEARING THE OPINION OF THE ADVOCATE GENERAL;

WHEREAS THE FIRST PARAGRAPH OF ARTICLE 34 OF THE STATUTE OF THE COURT OF JUSTICE OF THE ECSC PROVIDES THAT NATURAL OR LEGAL PERSONS ESTABLISHING AN INTEREST IN THE RESULT OF ANY CASE SUBMITTED TO THE COURT MAY INTERVENE IN THAT CASE;

WHEREAS THE SECOND PARAGRAPH OF THE ABOVE-MENTIONED ARTICLE SPECIFIES THAT SUBMISSIONS MADE IN AN APPLICATION TO INTERVENE SHALL BE LIMITED TO SUPPORTING OR REQUESTING THE REJECTION OF THE SUBMISSIONS OF ONE OF THE PARTIES;

WHEREAS THE INTEREST OF THE LUXEMBOURG GOVERNMENT IN INTERVENING IN THE CASE IS INCONTESTABLE AND HAS NOT BEEN CONTESTED;

WHEREAS THE SUBMISSIONS MADE IN THE APPLICATION TO INTERVENE REQUEST ONLY THAT THE APPLICATION LODGED BY THE ASSOCIATION DES UTILISATEURS DE CHARBON DU GRAND-DUCHE DE LUXEMBOURG SHOULD BE DISMISSED AND THEREFORE COMPLY WITH THE PROVISIONS OF THE SECOND PARAGRAPH OF ARTICLE 34 OF THE STATUTE OF THE COURT OF JUSTICE OF THE ECSC;

THE COURT

COMPOSED OF : M . PILOTTI, PRESIDENT, L . DELVAUX AND A . VAN KLEFFENS ( PRESIDENTS OF CHAMBERS ), P . J . S . SERRARENS, O . RIESE, J . RUEFF, CH . L . HAMMES, JUDGES,

ADVOCATE GENERAL : K . ROEMER

REGISTRAR : A . VAN HOUTTE

HEREBY ORDERS :

THE LUXEMBOURG GOVERNMENT IS GIVEN LEAVE TO INTERVENE .

THE EXAMINATION OF THE SUBMISSIONS AND ARGUMENTS PUT FORWARD IN THE APPLICATION TO INTERVENE AND OF THEIR ADMISSIBILITY IS RESERVED FOR THE FINAL JUDGMENT .

THE COSTS ARE RESERVED .