Keywords
Summary

Keywords

1 . APPLICATION TO HAVE A MEASURE DECLARED VOID - ACTION BY A COMPANY IN FORMATION AGAINST AN ECSC GENERAL DECISION - CAPACITY TO BRING AN ACTION - CONDITIONS - LEGAL PERSONALITY - ASSESSMENT THEREOF UNDER NATIONAL LAW

( ECSC TREATY , ART . 33 , SECOND PARA .)

2 . PROCEDURE - ADMISSIBILITY OF ACTIONS - ASSESSMENT BY REFERENCE TO THE SITUATION PREVAILING WHEN THE APPLICATION IS LODGED - RECTIFICATION - CONDITIONS

Summary

1 . IN ORDER TO BE ABLE TO INSTITUTE PROCEEDINGS AGAINST A GENERAL DECISION , ACTING AS AN UNDERTAKING PURSUANT TO THE SECOND PARAGRAPH OF ARTICLE 33 OF THE ECSC TREATY , A COMPANY IN FORMATION MUST HAVE ACQUIRED LEGAL PERSONALITY AND FULFILMENT OF THAT CONDITION MUST NECESSARILY BE ESTABLISHED IN ACCORDANCE WITH NATIONAL LAW .

2 . THE ADMISSIBILITY OF AN ACTION MUST BE JUDGED BY REFERENCE TO THE SITUATION PREVAILLING WHEN THE APPLICATION IS LODGED . IF AT THAT TIME THE CONDITIONS FOR AN ACTION TO BE BROUGHT ARE NOT FULFILLED , THE ACTION IS INADMISSIBLE , UNLESS THE DEFECT IS RECTIFIED WITHIN THE PERIOD PRESCRIBED FOR PROCEEDINGS TO BE INSTITUTED .