Geitling Ruhrkohlen-Verkaufsgesellschaft and Others v ECSC High Authority: ECJ 12 May 1959

ECJ Order – 1. The suspension of the operation of a decision constituting a refusal of authorization is not equivalent to the grant of the authorization refused. That authorization may be granted only by the administration, over which the court has no power of direction. The ‘other . . Interim measures’ referred to in the last paragraph of article 39 of the ecsc treaty can only be of a conservatory nature and do not give the court the power to substitute itself for the administration or to take, even provisionally, administrative decisions in place of the executive.
2. There is no justification for granting a suspension of operation where the applicants fail to establish that the measures prescribed by the contested decision would cause them damage which could not be redressed if the decision were annulled at the hearing of the main action.


C-19/59, [1959] EUECJ C-19/59R




Updated: 20 May 2022; Ref: scu.131598