Order of the Court of 3 June 1969. # SA Chanel v Cepeha Handelsmaatschappij NV. # Reference for a preliminary ruling: Arrondissementsrechtbank Rotterdam - Netherlands. # Case 31-68.

Parties

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IN CASE 31/68

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE ARRONDISSEMENTSRECHTBANK, ROTTERDAM, FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

SA CHANEL, HAVING ITS REGISTERED OFFICE IN NEUILLY-SUR-SEINE ( FRANCE ),

AND

CEPEHA HANDELSMAATSCHAPPIJ NV, HAVING ITS REGISTERED OFFICE IN ROTTERDAM,

Subject of the case

ON THE INTERPRETATION OF ARTICLE 85 OF THE EEC TREATY AND THE RULES GOVERNING ITS APPLICATION,

Grounds

BY JUDGMENT OF 3 DECEMBER 1968 THE ARRONDISSEMENTSRECHTBANK, ROTTERDAM, MADE A REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY FOR A PRELIMINARY RULING ON THE INTERPRETATION OF ARTICLE 85 OF THE TREATY .

THE COURT WAS NOTIFIED BY COMMUNICATION OF 29 JANUARY 1969 FROM THE SAID COURT THAT AN APPEAL HAD BEEN LODGED AGAINST THAT JUDGMENT ON 23 JANUARY 1969 AND THAT " AS A RESULT EXECUTION OF THE JUDGMENT IS DEFERRED ".

IN THE CIRCUMSTANCES OF THE CASE AND IN VIEW OF THE ABOVE COMMUNICATION JUDGMENT MUST BE SUSPENDED .

Endorsements

ON THOSE GROUNDS,

HAVING REGARD TO THE STATE OF THE PROCEDURE;

UPON HEARING THE REPORT OF THE JUDGE-RAPPORTEUR;

UPON HEARING THE OPINION OF THE ADVOCATE-GENERAL;

HAVING REGARD TO THE RULES OF PROCEDURE OF THE COURT OF JUSTICE,

Operative part

THE COURT

HEREBY ORDERS :

JUDGMENT IN THE PRESENT CASE IS SUSPENDED PENDING NOTIFICATION TO THE COURT THAT THE APPEAL HAS BEEN DECIDED .