Order of the Court of 3 December 1962. – Commission of the European Economic Community v Grand Duchy of Luxembourg and Kingdom of Belgium.

Parties

++++

IN JOINED CASES 2 AND 3/62

COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY

V

1 . GOVERNMENT OF THE GRAND DUCHY OF LUXEMBOURG

AND

2 . GOVERNMENT OF THE KINGDOM OF BELGIUM

Subject of the case

THE COURT

COMPOSED OF : A . M . DONNER, PRESIDENT, L . DELVAUX AND R . ROSSI ( PRESIDENTS OF CHAMBERS ), O . RIESE, CH . L . HAMMES, A . TRABUCCHI AND R . LECOURT ( RAPPORTEUR ), JUDGES,

ADVOCATE GENERAL : K . ROEMER

REGISTRAR : A . VAN HOUTTE

Grounds

WHEREAS, WITH THE OBJECT OF INVOKING THE ASSOCIATION AGREEMENT BETWEEN THE EEC AND GREECE AND ALSO THE PREAMBLE TO A BELGIAN LAW OF 11 SEPTEMBER 1962, THE GOVERNMENT OF THE KINGDOM OF BELGIUM, BY AN APPLICATION DATED 10 NOVEMBER 1962, HAS MADE A REQUEST FOR THE REOPENING OF THE ORAL PROCEDURE IN JOINED CASES 2 AND 3/62 OF 21 FEBRUARY 1962;

WHEREAS THE COURT CANNOT FIND IN THE MATTERS RAISED ANYTHING OF RELEVANCE WHICH WOULD JUSTIFY THE USE OF ITS POWERS UNDER ARTICLE 61 OF THE RULES OF PROCEDURE TO ORDER THE REOPENING OF THE ORAL PROCEDURE;

WHEREAS THE ASSOCIATION AGREEMENT BETWEEN THE EEC AND GREECE WAS FINALLY RATIFIED ( BY THE EXCHANGE OF INSTRUMENTS OF RATIFICATION ) BY THE GOVERNMENTS OF THE MEMBER STATES OF THE EEC, INCLUDING THE BELGIAN GOVERNMENT, ON 24 AUGUST 1962, AS REPORTED IN THE 'MONITEUR BELGE' OF 31 OCTOBER 1962, P . 9682;

WHEREAS THE BELGIAN LAW OF 11 SEPTEMBER 1962 RECEIVED THE ASSENT OF THE KING OF THE BELGIANS ON THE SAME DATE AFTER IT HAD BEEN PUBLICLY DEBATED AND ADOPTED AT SITTINGS OF THE CHAMBER ON 12 AND 19 JULY 1962 AND OF THE SENATE ON 25 JULY 1962, AS REPORTED IN THE 'MONITEUR BELGE' ON 27 OCTOBER 1962, P . 9491;

WHEREAS THE SAID MATTERS WERE THUS KNOWN BEFORE 19 OCTOBER 1962, THE DATE OF THE ORAL PROCEDURE, TO THE PARTY MAKING THE APPLICATION FOR THE REOPENING OF THE SAID PROCEDURE AND WHICH THEREFORE HAD THE TIME AND OPPORTUNITY TO ARGUE THEM AT THE HEARING;

WHEREAS THE SAID MATTERS WERE THEREFORE FOR APPLYING ARTICLE 61 OF THE RULES OF PROCEDURE;

Endorsements

ON THOSE GROUNDS,

UPON HEARING THE ADVOCATE-GENERAL;

Operative part

THE COURT

HEREBY

1 . DECLARES THAT THERE ARE NO GROUNDS FOR ORDERING THE REOPENING OF THE ORAL PROCEDURE;

2 . ORDERS THE PARTY MAKING THE APPLICATION OF 10 NOVEMBER 1962 ON THE PROCEDURAL ISSUE TO PAY THE COSTS INVOLVED IN THAT APPLICATION .