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Court of Justice of the European Communities (including Court of First Instance Decisions)
You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Italian Republic v High Authority of the European Coal and Steel Community. [1959] EUECJ C-21/59R (20 May 1959)
URL: http://www.bailii.org/eu/cases/EUECJ/1959/C2159R.html
Cite as: [1959] EUECJ C-21/59R

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IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities. The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice. This electronic version is not authentic and is subject to amendment.
   

61959O0021
Order of the President of the Court of 20 May 1959.
Italian Republic v High Authority of the European Coal and Steel Community.
Case 21-59 R.
European Court reports
French edition 1960 Page 00717
Dutch edition 1960 Page 00739
German edition 1960 Page 00737
Italian edition 1960 Page 00691
English special edition 1960 Page 00351

 
   






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IN CASE 21/59 R
GOVERNMENT OF THE ITALIAN REPUBLIC, REPRESENTED BY PROFESSOR RICCARDO MONACO, HEAD OF THE LEGAL DEPARTMENT OF THE MINISTRY OF FOREIGN AFFAIRS, ACTING AS AGENT, ASSISTED BY PIETRO PERONACI, SOSTITUTO AVVOCATO GENERALE DELLO STATO, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY, APPLICANT,
V
HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY, REPRESENTED BY ITS LEGAL ADVISER, GIULIO PASETTI, ACTING AS AGENT, ASSISTED BY MARIO BERRI, LEGAL ADVISER TO THE HIGH AUTHORITY, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT ITS OFFICES, 2 PLACE DE METZ, DEFENDANT,



BY AN APPLICATION LODGED AT THE COURT REGISTRY ON 4 APRIL 1959, THE APPLICANT REQUESTED THE ANNULMENT OF DECISION NO 18/59 OF 18 FEBRUARY 1959 ON THE PUBLICATION OR NOTIFICATION TO THE HIGH AUTHORITY OF THE SCALES, RATES AND ALL OTHER TARIFF RULES OF EVERY KIND APPLIED TO THE CARRIAGE BY ROAD OF COAL AND STEEL WITHIN THE COMMUNITY FOR HIRE OR REWARD .



ARTICLE 88 OF THE ECSC TREATY, ON WHICH THE DECISION CONTESTED BY THE APPLICANT IN THE MAIN ACTION IS BASED, GIVES THE HIGH AUTHORITY ONLY THE POWER TO FIND THAT A STATE HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY AND TO SET A TIME-LIMIT FOR THE FULFILMENT OF ITS OBLIGATION . UNDER THE THIRD PARAGRAPH OF THAT ARTICLE THE HIGH AUTHORITY CANNOT ADOPT SANCTIONS AGAINST THE ITALIAN GOVERNMENT FOR ANY NON-FULFILMENT OF ITS OBLIGATIONS UNTIL ITS ACTION HAS BEEN DISMISSED BY THE COURT HAVING JURISDICTION .
IN THESE CIRCUMSTANCES THE PROVISIONS OF ARTICLE 39 OF THE TREATY ON THE SUSPENSION OF APPLICATION CANNOT APPLY IN THE PRESENT CASE; IT APPEARS FROM THE TERMS OF THE PROVISION ITSELF THAT IT IS AIMED ONLY AT THE SUSPENSION OF MEASURES OF APPLICATION INITIATED BY THE HIGH AUTHORITY OR WHERE APPROPRIATE THIRD PARTIES AND TAKEN AGAINST THE PERSON CONCERNED .
THE APPLICANT HAS ALSO CLAIMED THAT SHOULD THE MAIN ACTION BE DISMISSED THE HIGH AUTHORITY COULD ADOPT SANCTIONS AGAINST IT WITH RETROACTIVE EFFECT AND THAT FOR THIS REASON THE CLAIM IS JUSTIFIED .
THIS FEAR HOWEVER DOES NOT APPEAR WELL FOUNDED SINCE THE MEASURES PROVIDED FOR IN ARTICLE 88 CANNOT BE RETROACTIVE BY REASON OF THEIR NATURE .
AS A RESULT THE APPLICATION FOR SUSPENSION OF OPERATION MUST BE DISMISSED .



1 . THE APPLICATION IS DISMISSED;
2 . THE COSTS ARE RESERVED .

 
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URL: http://www.bailii.org/eu/cases/EUECJ/1959/C2159R.html