JUDGMENT OF 4. 2. 1959 — CASE 17/57 STEENKOLENMIJNEN v HIGH AUTHORITY
In Case 17/57
THE COURT composed of: A. M. Donner, President, O. Riese and J. Rueff (Judge-Rapporteur) Presidents of Chambers, L. Delvaux, Ch. L. Hammes, N. Rossi and N. Catalano, Judges, Advocate-General: M. Lagrange Registrar: A. Van Houtte
gives the following
JUDGMENT
Facts
I — Summary of the facts
II — Procedure
III — Submissions and arguments of the parties concerning the admissibility of the action
First head of claim
Second head of claim
Law
Admissibility
A — Application for annulment under Article 33
B — Application for annulment under Article 35
Costs
I —. Summary of the facts
II —. Procedure
1. Note that the High Authority, in accordance with Article 32 (2) of the Rules of Procedure of the Court, has an address for service in Luxembourg at 2, place de Metz;
2. Rule that the application of 13 September 1957 of the Gezamenlijke Steenkolenmijnen in Limburg is inadmissible or, in the alternative, dismiss the application;
3. Order the applicant to pay the costs.
III —. Submissions and arguments of the parties concerning the admissibility of the action
(1). The possibility that the contested decision represents confirmation of the contested regulations.
(2). The possibility that the contested decision constitutes an express refusal to take a decision within the meaning of Article 88.
A —. Application for annulment under Article 33
B —. Application for annulment under Article 35
Upon reading the pleadings; Upon hearing the report of the Judge-Rapporteur; Upon hearing the parties; Upon hearing the opinion of the Advocate-General; Having regard to Articles 14, 33, 35 and 88 of the Treaty; Having regard to the Protocol on the Statute of the Court of Justice of the European Coal and Steel Community; Having regard to the Rules of Procedure of the Court of Justice of the European Coal and Steel Community and the rule concerning costs. THE COURT hereby:
1 Dismisses the application as inadmissible;
2 Orders the applicant to pay the costs.