Judgment of the Court of 2 February 1989.#Commission of the European Communities v Council of the European Communities.#Temporary importation of containers - Action for annulment - Legal basis.#Case 275/87.

Parties

In Case 275/87

Commission of the European Communities, represented by its Legal Adviser, Peter Gilsdorf, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of its Legal Department, Wagner Centre, Kirchberg,

applicant,

v

Council of the European Communities, represented by Raffaello Fornasier, Director, and Bernhard Schloh, an Adviser in the Council' s Legal Department, acting as Agents, with an address for service in Luxembourg at the office of Joerg Kaeser, Manager of the Legal Directorate of the European Investment Bank, 100 boulevard Konrad Adenauer,

defendant,

APPLICATION for a declaration that Council Regulation No 2096/87 of 13 July 1987 on the temporary importation of containers ( Official Journal 1987, L 196, p . 4 ) is void,

THE COURT

composed of : O . Due, President, R . Joliet and T . F . O' Higgins, ( Presidents of Chambers ), Sir Gordon Slynn, G . F . Mancini, F . A . Schockweiler and G . C . Rodríguez Iglesias, Judges,

( the grounds of the judgment are not reproduced )

hereby :

Operative part

( 1)Declares void Council Regulation No 2096/87 of 13 July 1987 on the temporary importation of containers;

( 2)Declares that the effects of that regulation shall continue to operate until such time as the measures which the Council is required to adopt in order to comply with this judgment have entered into force;

( 3 ) Orders the Council to pay the costs .