C-19/60C-21/60C-2/61C-3/6161960O00190011.000331413163CJOPINION OF MR ROEMER — JOINED CASES 19/60, 21/60, 2/61, 3/61FIVES LILLE CAIL v HIGH AUTHORITY<TI><P><HT TYPE="UC">Order of the Court</HT></P><P><DATE ISO="19620131">31 January 1962</DATE><NOTE NOTE.ID="E0002"><P>Language of the Case: French.</P></NOTE></P></TI>

In Joined Cases

19/60 — SOCIÉTÉ FIVES LILLE CAIL, PARIS,

21/60 — SOCIÉTÉ UNION SIDÉRURGIQUE DU NORD DE LA FRANCE (USINOR), Paris,

2/61 — SOCIÉTÉ DES FORGES ET ATELIERS DU CREUSOT, PARIS,

3/61 — SOCIÉTÉ MARREL FRÈRES, 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 Laubadère, of the University of Paris, acting as co-Agent,

THE COURT

composed of: A. M. Donner, President, J. Rueff, President of Chamber, L. Delvaux, Ch. L. Hammes (Rapporteur) and R. Rossi, Judges,

Advocate-General: K. Roemer

Registrar: A. Van Houtte

makes the following

<TI><P>ORDER</P></TI><TI><P>Facts</P></TI>

On 15 December 1961 the Court delivered judgment in Joined Cases 19/60, 21/60, 2/61 and 3/61.

On 28 December 1961, the applicants submitted an application for rectification of this judgment under Article 66 of the Rules of Procedure; they claim therein that the concluding paragraphs of the grounds of judgment contain an obvious slip in that the Court did not allow the applicants' damage to be assessed at the amounts of the transport parities and rules that the damage was not established.

In observations submitted on 16 January 1962, the defendant, the High Authority, contends that the Court should declare the application for rectification inadmissible or, in any case, dismissed, with all legal consequences in respect of the costs of the proceedings.

<TI><P>Grounds</P></TI>

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 provisioň 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.

Having regard to the foregoing considerations;Upon reading the pleadings;Upon hearing the views of the Judge-Rapporteur;Upon hearing the views of the Advocate-General;Having regard to Articles 66 and 69 of the Rules of Procedure of the Court of Justice of the European Communities;

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.

Luxembourg, 31 January 1962.

A. Van Houtte

Registrar

A. M. Donner

President