Order of the Court of 30 October 1962. – Milchwerke Heinz Wöhrmann & Sohn KG, Alfons Lütticke GmbH v Commission of the European Economic Community.

Parties

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IN CASE 31/62

MILCHWERKE HEINZ WOHRMANN & SOHN KG, WESEL/RHEIN, APPLICANT,

V

COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY, DEFENDANT,

Grounds

P.512

WHEREAS AT THE PRESENT STAGE OF THE PROCEEDINGS THE COURT TAKES THE VIEW THAT IT IS DOUBTFUL WHETHER THE ACTION FOUNDED UPON ARTICLE 184 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY IS ADMISSIBLE;

WHEREAS IF THERE SHOULD IN FACT PROVE TO BE AN ABSOLUTE BAR TO PROCEEDING WITH THE CASE, THE ACTION MUST BE DISMISSED AS BEING INADMISSIBLE;

WHEREAS IN THESE CIRCUMSTANCES THE COURT IS ENTITLED UNDER ARTICLE 92 OF ITS RULES OF PROCEDURE TO CONSIDER AT ANY TIME WHETHER SUCH AN ABSOLUTE BAR EXISTS;

WHEREAS IT SEEMS APPROPRIATE TO HEAR THE ORAL SUBMISSIONS OF THE PARTIES ON THIS POINT UNDER ARTICLE 91 ( 3 ) OF THE RULES OF PROCEDURE;

Endorsements

UPON HEARING THE REPORT OF THE JUDGE - RAPPORTEUR;

UPON HEARING THE ADVOCATE-GENERAL;

HAVING REGARD TO ARTICLE 184 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY AND ARTICLES 91 ( 3 ) AND 92 OF THE RULES OF PROCEDURE;

Operative part

THE COURT

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

ADVOCATE-GENERAL : K . ROEMER

REGISTRAR : A . VAN HOUTTE

HEREBY ORDERS :

THAT THE QUESTION WHETHER THERE EXISTS ANY ABSOLUTE BAR TO PROCEEDING WITH THE CASE, WHICH THE COURT SHOULD CONSIDER OF ITS OWN MOTION, SHALL BE THE SUBJECT OF ORAL PROCEEDINGS .