EuGH · C-90/77

Parties Grounds Operative part Parties IN CASE 90/77 , HELLMUT STIMMING KG , WITTEN , APPLICANT , V COMMISSION OF THE EUROPEAN COMMUNITIES , DEFENDANT , Grounds 1 BY AN APPLICATION LODGED ON 21 JULY 1977 , THE APPLICANT BROUGHT AN ACTION FOR DAMAGES ' AGAINST THE COMMISSION OF THE EUROPEAN COMMUNITIES ' . 2 IN ITS REPLY IN THAT CASE , THE APPLICANT PURPORTS TO ' EXTEND ' ITS ACTION AND BRING IT ALSO AGAINST THE COUNCIL OF THE EUROPEAN COMMUNITIES . 3 THE RULES OF PROCEDURE DO NOT ALLOW SUCH AN ALTERATION IN THE PERSON OF THE DEFENDANT . 4 ACCORDINGLY , THE REPLY IS TO BE ACCEPTED ONLY AS A PLEADING IN THE PROCEEDINGS BETWEEN THE APPLICANT AND THE COMMISSION , BUT CANNOT BE REGARDED AS COMMENCING AN ACTION AGAINST THE COUNCIL . Operative part THE COURT HEREBY : ORDERS THE REGISTRAR NOT TO SERVE ON THE COUNCIL OF THE EUROPEAN COMMUNITIES THE REPLY LODGED ON 7 NOVEMBER 1977 .