Order of the Court (First Chamber) of 14 October 1981. # Jakob Flamm v Commission and Council of the European Communities. # Case 567/79 A.

Parties

IN CASE 567/79 A

JAKOB FLAMM , RESIDING IN THE VIA GRAZIA DELLEDDA , RANCO ( VARESE ), ITALY , REPRESENTED BY B . POTTHAST AND H.-J . RUBER , OF THE COLOGNE BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF V . BIEL , 18A , RUE DES GLACIS ,

APPLICANT ,

V

1 . COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY J . PIPKORN , A MEMBER OF ITS LEGAL DEPARTMENT , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF O . MONTALTO , JEAN MONNET BUILDING , KIRCHBERG ,

2.COUNCIL OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , J . CARBERY , ACTING AS AGENT , ASSISTED BY TITO GALLAS , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF D . FONTEIN , DIRECTOR OF THE LEGAL DEPARTMENT OF THE EUROPEAN INVESTMENT BANK , KIRCHBERG ,

DEFENDANTS ,

Subject of the case

APPLICATION CHALLENGING THE TERMS FOR REPAYMENT OF BUILDING LOANS GRANTED BY THE COMMISSION , AS AMENDED BY THE LATTER AS FROM APRIL 1979 ON THE BASIS OF COUNCIL REGULATION NO 3085/78 AND NO 3086/78 OF 21 DECEMBER 1978 ( OFFICIAL JOURNAL L 369 , PP . 6 AND 8 ),

Grounds

THE COUNCIL IS NEITHER THE APPLICANT ' S APPOINTING AUTHORITY NOR A PARTY TO THE LOAN CONTRACT , WHICH REFERS SOLELY TO THE COMMISSION AND THE APPLICANT . THE COUNCIL CANNOT THEREFORE BE PARTY TO THIS ACTION , A VIEW WHICH IS SHARED BY THE APPLICANT HIMSELF . THE APPLICANT HAS NOT ASKED TO DISCONTINUE THE ACTION .

IN THESE CIRCUMSTANCES THE COURT ( FIRST CHAMBER ) HOLDS THAT IT IS NOT NECESSARY TO OPEN THE ORAL PROCEDURE .

THE APPLICATION IS INADMISSIBLE IN SO FAR AS IT IS DIRECTED AGAINST THE COUNCIL AND MUST THEREFORE BE DISMISSED .

Decision on costs

COSTS

ACCORDING TO ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS .

HOWEVER , ARTICLE 70 OF THE RULES OF PROCEDURE STATES THAT IN ACTIONS BROUGHT BY SERVANTS OF THE COMMUNITIES THE INSTITUTIONS SHALL BEAR THEIR OWN COSTS .

Operative part

ON THOSE GROUNDS ,

THE COURT ( FIRST CHAMBER )

HEREBY ORDERS AS FOLLOWS :

1 . THE APPLICATION IS DISMISSED AS INADMISSIBLE IN SO FAR AS IT IS DIRECTED AGAINST THE COUNCIL .

2 . THE APPLICANT AND THE COUNCIL SHALL BEAR THEIR OWN COSTS .