Avis juridique important

Order of the Court of 31 January 1962. - Société Fives Lille Cail and others v High Authority of the European Coal and Steel Community. - Joined cases 19-60, 21-60, 2-61 and 3-61. European Court reports French edition Page 00627 Dutch edition Page 00665 German edition Page 00687 Italian edition Page 00613 English special edition Page 00314

Parties Grounds Operative part

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IN JOINED CASES

19/60 - SOCIETE FIVES LILLE CAIL, PARIS,

21/60 - SOCIETE UNION SIDERURGIQUE DU NORD DE LA FRANCE ( USINOR ), PARIS,

2/61 - SOCIETE DES FORGES ET ATELIERS DU CREUSOT, PARIS,

3/61 - SOCIETE MARREL FRERES, RIVE-DE-GIER,

REPRESENTED BY JEAN-PIERRE ARON, ADVOCATE AT THE COUR D'APPEL, PARIS,

V

HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY,

REPRESENTED BY ITS LEGAL ADVISER, ITALO TELCHINI, ACTING AS AGENT, AND PROFESSOR ANDRE DE LAUBADERE, OF THE UNIVERSITY OF PARIS, ACTING AS CO-AGENT,

P . 315

ARTICLE 66 OF THE RULES OF PROCEDURE PROVIDES AS FOLLOWS :

'1 . WITHOUT PREJUDICE TO THE PROVISIONS RELATING TO THE INTERPRETATION OF JUDGMENTS THE COURT MAY, OF ITS OWN MOTION OR ON APPLICATION BY A PARTY MADE WITHIN TWO WEEKS AFTER THE DELIVERY OF A JUDGMENT, RECTIFY CLERICAL MISTAKES, ERRORS IN CALCULATION AND OBVIOUS SLIPS IN IT .'

THIS PROVISION REFERS, AS A POSSIBLE GROUND FOR RECTIFICATION, TO PURELY MATERIAL ERRORS IN A JUDGMENT IN CASES WHERE NO DIFFICULTY ARISES CONCERNING THE MEANING OR SCOPE OF THE DECISION . RECTIFICATION WITHIN THE MEANING OF ARTICLE 66 OF THE RULES OF PROCEDURE CANNOT PURPORT TO AMEND OR REVISE A PREVIOUS DECISION .

HOWEVER, THE APPLICATION SUBMITTED BY THE APPLICANTS DOES NOT SEEK RECTIFICATION OF AN ALLEGED OBVIOUS SLIP BUT THE AMENDMENT OF A FINDING IN LAW CONTAINED IN THE JUDGMENT .

IT IS THEREFORE INADMISSIBLE .

THE COURT

HEREBY;

1 . DISMISSES THE APPLICATION FOR RECTIFICATION OF THE JUDGMENT DELIVERED ON 15 DECEMBER 1961;

2 . ORDERS THE APPLICANTS TO BEAR THE COSTS .