Order of the President of the Court of 7 August 1964. – Fulvio Fonzi v Commission of the EAEC.

Parties

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IN CASE 30/64 R

FULVIO FONZI, ENGINEER, A SCIENTIFIC OFFICIAL OF THE EUROPEAN ATOMIC ENERGY COMMUNITY RESIDING AT SESTO CALENDE ( VARESE, ITALY ), REPRESENTED AND ASSISTED BY MARIO GIULIANO, PROFESSOR IN THE FACULTY OF LAW OF THE UNIVERSITY OF MILAN, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ERNEST ARENDT, 6 RUE WILLY-GOERGEN,

APPLICANT,

V

COMMISSION OF THE EUROPEAN ATOMIC ENERGY COMMISSION, REPRESENTED BY ITS LEGAL ADVISER, M . PRELLE, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MR MANZANARES, SECRETARY OF THE LEGAL DEPARTMENT OF THE EUROPEAN EXECUTIVES, 2 PLACE DE METZ,

DEFENDANT,

Subject of the case

APPLICATION FOR THE SUSPENSION OF THE OPERATION OF THE DECISION TAKEN BY THE COMMISSION IN RESPECT OF THE APPLICANT ON 24 JUNE 1964 CALLING ON HIM TO GO IMMEDIATELY TO BRUSSELS,

Grounds

WHEREAS IT APPEARS FROM THE OBSERVATIONS OF THE DEFENDANT THAT MR FONZI ACTUALLY WENT TO BRUSSELS ON 22 JULY 1964, AND FROM THERE TO JUELICH, WHERE HE HAD THE MEETING REGARDED AS NECESSARY BY THE COMMISION;

WHEREAS THE APPLICANT HAS NOT DISPUTED THAT THIS IS TRUE;

WHEREAS HIS CONDUCT AMOUNTS TO THE EXECUTION OF THE DECISION REFERRED TO IN HIS APPLICATION FOR SUSPENSION;

WHEREAS THE SAID APPLICATION IS THEREFORE OUT OF TIME;

WHEREAS SINCE FROM THE BEGINNING IT HAS BEEN LACKING IN SUBJECT MATTER, THE APPLICATION FOR SUSPENSION MUST BE DECLARED INADMISSIBLE;

Endorsements

ON THOSE GROUNDS,

HAVING REGARD TO ARTICLES 152 AND 157 OF THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY AND TO ARTICLE 37 OF THE STATUTE OF THE COURT OF JUSTICE OF THAT COMMUNITY;

HAVING REGARD TO ARTICLES 83, 84 AND 86 OF THE RULES OF PROCEDURE OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES;

Operative part

THE PRESIDENT OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES

HEREBY ORDERS :

1 . THE APPLICATION IS INADMISSIBLE;

2 . THE COSTS ARE RESERVED .