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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) >> Nederlandse Vereniging voor de Fruit en Groentenimporthandel, Nederlandse Bond van Grossiers in Zuidvruchten en ander Geimporteerd Fruit v Commission of the European Communities. [1974] EUECJ C-71/74 (23 October 1974)
URL: http://www.bailii.org/eu/cases/EUECJ/1974/C7174_rev.html
Cite as: [1974] EUECJ C-71/74

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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.
   

61974O0071(01)
Order of the Court of 23 October 1974.
Nederlandse Vereniging voor de Fruit- en Groentenimporthandel, Nederlandse Bond van Grossiers in Zuidvruchten en ander Geimporteerd Fruit v Commission of the European Communities.
Case 71-74 - Interv.
European Court reports 1974 Page 01095

 
   






++++
IN CASE 71/74
NEDERLANDSE VERENIGING VOOR DE FRUIT - EN GROENTENIMPORTHANDEL NEDERLANDSE BOND VAN GROSSIERS IN ZUIDVRUCHTEN EN ANDER GEIMPORTEERD FRUIT
V
COMMISSION OF THE EUROPEAN COMMUNITIES



BY APPLICATION LODGED ON 30 SEPTEMBER 1974, THE 'FRUITUNIE' ASSOCIATION, HAVING ITS REGISTERED OFFICE IN ROTTERDAM, REQUESTED PERMISSION TO INTERVENE IN CASE 71/74 .



1 ARTICLE 93 ( 1 ) OF THE RULES OF PROCEDURE PROVIDES THAT AN APPLICATION TO INTERVENE MUST BE MADE BEFORE THE OPENING OF THE ORAL PROCEDURE .
2 THE APPLICATION WAS PRESENTED WITHIN THE TIME LIMIT PRESCRIBED .
3 AS PROVIDED FOR IN ARTICLE 93 ( 3 ) OF THE RULES OF PROCEDURE THE APPLICATION WAS SERVED ON THE PARTIES TO THE ORIGINAL CASE .
4 BY STATEMENT LODGED ON 7 OCTOBER 1974, THE DEFENDANT DECLARED THAT IT HAD NO OBJECTION TO THE APPLICATION TO INTERVENE .
5 BY STATEMENT LODGED ON 4 OCTOBER 1974, THE APPLICANTS OPPOSED THE REQUEST TO INTERVENE MADE BY 'FRUITUNIE' ON THE GROUNDS THAT THE SUBMISSIONS SET OUT IN THE APPLICATION TO INTERVENE DO NOT SEEK TO SUPPORT THE SUBMISSIONS OF ONE OF THE ORIGINAL PARTIES, BUT SEEK TO SUPPORT THE DECISION IN ISSUE, AND THAT THE SAID REQUEST DOES NOT SATISFY THE PROCEDURAL REQUIREMENTS LAID DOWN BY THE PROTOCOL ON THE STATUTE OF THE COURT .
6/7 THE INTERVENER'S INTEREST IN THE CASE RESULTS FROM THE ADVANTAGES IT CAN GAIN FROM THE OPERATION OF A DECISION FREEING IT FROM THE AGREEMENT IN ISSUE .
8 THIS BEING SO, IT SUPPORTS THE SUBMISSIONS OF THE COMMISSION .
9 THE APPLICATION TO INTERVENE SHOULD THEREFORE BE ALLOWED .



ON THOSE GROUNDS,
THE COURT
COMPOSED OF : R . LECOURT, PRESIDENT, C . O DALAIGH ( RAPPORTEUR ) AND LORD MACKENZIE STUART, PRESIDENTS OF CHAMBERS, A . M . DONNER, R . MONACO, J . MERTENS DE WILMARS, P . PESCATORE, H . KUTSCHER AND M . SOERENSEN, JUDGES,
ADVOCATE-GENERAL : J . P . WARNER
REGISTRAR : A . VAN HOUTTE
ORDERS :
1 . THE INTERVENTION OF THE 'FRUITUNIE' ASSOCIATION IN CASE 71/74 IS ALLOWED;
2 . COPIES OF ALL PROCEDURAL DOCUMENTS ARE TO BE SERVED ON THE INTERVENER BY THE REGISTRAR;
3 . THE COSTS ARE RESERVED .

 
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URL: http://www.bailii.org/eu/cases/EUECJ/1974/C7174_rev.html