Assider v ECSC High Authority: ECJ 28 Jun 1955

ECJ In the event of several applications made against the same decision of the high authority and where as a result of one of these applications the decision is annulled, the other applicants have each the right to ask for the interpretation of the judgment in so far as the latter has ruled on the legal question which they have also raised. This is also so where one of the previous applications against the decision has been declared well founded. It is enough for it to be said to be ‘in doubt’ within the meaning of article 37 of the statute that the parties should interpret the judgment differently. Apart from the operative part, the grounds which determine it may be the subject of interpretation. This is not so of passages which are ancillary and complete or explain the basic grounds. The application for interpretation of a judgment is not well founded where the judgment of which interpretation is sought contains no obscurities. In a judgment of interpretation the court can only make clear the meaning and scope of a previous judgment; it cannot deal with problems which have not been settled by this judgment.

Citations:

C-5/55

Citing:

See AlsoAssociazione Industrie Siderurgiche Italiane (Assider) v High Authority Of The European Coal And Steel Community ECJ 11-Feb-1955
ECJ Application for annulment – general decision of the high authority – applicant undertakings and associations of undertakings – admissibility (Treaty, art. 33) For an application by an undertaking or by an . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 10 April 2022; Ref: scu.131552