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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) >> CO.DE.MI. SpA v Commission of Euratom. [1982] EUECJ O-229/81 (9 February 1982)
URL: http://www.bailii.org/eu/cases/EUECJ/1982/O22981.html
Cite as: [1982] EUECJ O-229/81

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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.
   

61981O0229
Order of the Court of 9 February 1982.
CO.DE.MI. SpA v Commission of Euratom.
Application by the President of the Tribunale, Varese, for the enforcement of an order previously made by him.
Case 229/81.
European Court reports 1982 Page 00377

 
   




1 ARTICLE 92 ( 1 ) OF THE RULES OF PROCEDURE PROVIDES : ' ' WHERE IT IS CLEAR THAT THE COURT HAS NO JURISDICTION TO TAKE COGNIZANCE OF AN APPLICATION LODGED WITH IT IN PURSUANCE OF ARTICLE 38 ( 1 ), THE COURT MAY BY REASONED ORDER DECLARE THE APPLICATION INADMISSIBLE . ' '
2 THAT PROVISION MUST BE APPLIED IN THE PRESENT CASE . IT IS CLEAR FROM THE VERY TERMS OF THE ORDER MADE ON 20 JULY 1981 BY THE PRESIDENT OF THE TRIBUNALE , VARESE , THAT HE IS REQUESTING THE PRESIDENT OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES TO ' ' ENFORCE , BY HIS DECISION ' ' , THE ORDER WHICH HE HAD MADE ON 12 MAY 1981 FOR THE PROCUREMENT OF A TECHNICAL EXPERT ' S REPORT . NEITHER THE TREATIES NOR THE MEASURES ADOPTED FOR THE PURPOSE OF IMPLEMENTING THEM CONTAIN ANY PROVISION EMPOWERING THE COURT OF JUSTICE OR ITS PRESIDENT TO ORDER THE ENFORCEMENT OF A DECISION OF A NATIONAL COURT .

3 CONSEQUENTLY , BOTH THE COURT AND ITS PRESIDENT PLAINLY HAVE NO JURISDICTION TO TAKE COGNIZANCE OF THE APPLICATION MADE BY THE PRESIDENT OF THE TRIBUNALE IN HIS ORDER OF 20 JUNE 1981 , AND THE APPLICATION MUST THEREFORE , BY VIRTUE OF THE ABOVE-CITED PROVISIONS OF ARTICLE 92 OF THE RULES OF PROCEDURE , BE DECLARED INADMISSIBLE .


ON THOSE GROUNDS ,
THE COURT
HEREBY :
DECLARES THE APPLICATION TO BE INADMISSIBLE .

  
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URL: http://www.bailii.org/eu/cases/EUECJ/1982/O22981.html