Order of the Court of 10 November 1977. # Hellmut Stimming KG v Commission of the European Communities. # Case 90-77.

Parties

IN CASE 90/77 ,

HELLMUT STIMMING KG , WITTEN ,

APPLICANT ,

V COMMISSION OF THE EUROPEAN COMMUNITIES ,

DEFENDANT ,

Grounds

1 BY AN APPLICATION LODGED ON 21 JULY 1977 , THE APPLICANT BROUGHT AN ACTION FOR DAMAGES ' AGAINST THE COMMISSION OF THE EUROPEAN COMMUNITIES ' .

2 IN ITS REPLY IN THAT CASE , THE APPLICANT PURPORTS TO ' EXTEND ' ITS ACTION AND BRING IT ALSO AGAINST THE COUNCIL OF THE EUROPEAN COMMUNITIES .

3 THE RULES OF PROCEDURE DO NOT ALLOW SUCH AN ALTERATION IN THE PERSON OF THE DEFENDANT .

4 ACCORDINGLY , THE REPLY IS TO BE ACCEPTED ONLY AS A PLEADING IN THE PROCEEDINGS BETWEEN THE APPLICANT AND THE COMMISSION , BUT CANNOT BE REGARDED AS COMMENCING AN ACTION AGAINST THE COUNCIL .

Operative part

THE COURT

HEREBY :

ORDERS THE REGISTRAR NOT TO SERVE ON THE COUNCIL OF THE EUROPEAN COMMUNITIES THE REPLY LODGED ON 7 NOVEMBER 1977 .