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61959O0019 Order of the Court of 12 May 1959. – "Geitling" Ruhrkohlen-Verkaufsgesellschaft mbH, "Mausegatt" Ruhrkohlen-Verkaufsgesellschaft mbH "Präsident" Ruhrkohlen-Verkaufsgesellschaft mbH and associated companies v High Authority of the European Coal and Steel Community. – Case 19-59 R – Joined cases 16-59, 17-59 and 18-59. European Court reports French edition Page 00085 Dutch edition Page 00085 German edition Page 00087 Italian edition Page 00081 English special edition Page 00034 Danish special edition Page 00165 Greek special edition Page 00369 Portuguese special edition Page 00319 Summary Parties Subject of the case Grounds Operative part Keywords ++++ 1 . SUSPENSION OF OPERATION OF A DECISION OF REJECTION – ADMISSIBILITY 2 . SUSPENSION OF OPERATION – CONDITION FOR THE GRANT THEREOF Summary 1 . THE SUSPENSION OF THE OPERATION OF A DECISION CONSTITUTING A REFUSAL OF AUTHORIZATION IS NOT EQUIVALENT TO THE GRANT OF THE AUTHORIZATION REFUSED . THAT AUTHORIZATION MAY BE GRANTED ONLY BY THE ADMINISTRATION, OVER WHICH THE COURT HAS NO POWER OF DIRECTION . THE 'OTHER…INTERIM MEASURES' REFERRED TO IN THE LAST PARAGRAPH OF ARTICLE 39 OF THE ECSC TREATY CAN ONLY BE OF A CONSERVATORY NATURE AND DO NOT GIVE THE COURT THE POWER TO SUBSTITUTE ITSELF FOR THE ADMINISTRATION OR TO TAKE, EVEN PROVISIONALLY, ADMINISTRATIVE DECISIONS IN PLACE OF THE EXECUTIVE . 2 . THERE IS NO JUSTIFICATION FOR GRANTING A SUSPENSION OF OPERATION WHERE THE APPLICANTS FAIL TO ESTABLISH THAT THE MEASURES PRESCRIBED BY THE CONTESTED DECISION WOULD CAUSE THEM DAMAGE WHICH COULD NOT BE REDRESSED IF THE DECISION ... Прочетете още