61959O0044

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IN CASE 44/59

RUDOLF PIETER MARIE FIDDELAAR, RESIDING AT WOLUWE-SAINT-PIERRE ( BRUSSELS ),

REPRESENTED AND ASSISTED BY MARCEL SLUSNY, ADVOCATE AT THE COUR D'APPEL, BRUSSELS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF EMILE POOS, 9 RUE DE NASSAU, APPLICANT,

V

COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY,

REPRESENTED AND ASSISTED BY ITS LEGAL ADVISER, PAUL LEVEUX, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MR MANZANARES, SECRETARY OF THE JOINT LEGAL SERVICE OF THE EUROPEAN EXECUTIVES, 2 PLACE DE METZ, DEFENDANT,

THERE CAN BE NO DOUBT THAT THE APPLICANT IS IN A VERY SERIOUS FINANCIAL POSITION AND THERE SEEMS TO BE A CORRESPONDING NEED FOR FINANCIAL ASSISTANCE;

IN ITS JUDGMENT OF 15 JULY 1960 IN CASES 43/59, 45/59 AND 48/59, THE COURT ORDERED THE DEFENDANT TO PAY TO THE APPLICANTS DAMAGES OF FB 60 000 ON GROUNDS WHICH, AS THE DEFENDANT EXPRESSLY ACCEPTS, ARE AT LEAST AS VALID IN THE CASE OF THE APPLIANT, WITH THE RESULT THAT THE LATTER CAN REASONABLY EXPECT TO RECEIVE COMPARABLE DAMAGES .

EVEN IF IN THE MAIN ACTION THE COURT ANNULLED THE DISCHARGE OF THE APPLICANT, IN WHICH CASE THERE WOULD BE NO QUESTION OF ORDERING THE DEFENDANT TO PAY DAMAGES, THE COMMISSION WOULD BE OBLIGED TO PAY TO THE APPLICANT EMOLUMENTS WHICH HE WOULD NORMALLY HAVE RECEIVED AND THE TOTAL OF HIS EMOLUMENTS WOULD BE CONSIDERABLY IN EXCESS OF THE SUM FB 60 000 .

IT HAS NOT BEEN ESTABLISHED THAT THE PRESENT FINANCIAL POSITION OF THE APPLICANT REQUIRES PAYMENT OF THE WHOLE OF THE DAMAGES CLAIMED AND THE PRESIENT REGARDS DAMAGES OF FB 60 000 AS ENOUGH TO COVER THE APPLICANT'S IMMEDIATE NEEDS .

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IN CONSEQUENCE, THE PRESIDENT UPHOLDS THE APPLICATION TO THE EXTENT OF FB 60 000 .

THERE HAS NOT BEEN ON THE PART OF THE DEFENDANT ANY REQUEST THAT THE APPLICANT SHOULD LODGE ANY SECURITY OR PROVIDE A GUARANTOR AND, SUBJECT TO THE RESERVATIONS INDICATED ABOVE, IT IS NOT OPPOSED TO THE GRANT OF THE APPLICATION;

1 . THE COMMISSION OF THE EUROPEAN COMMUNITY SHALL MAKE TO THE APPLICANT AN INTERIM PAYMENT OF FB 60 000;

2 . COSTS ARE RESERVED .