23 BY VIRTUE OF ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE OF THE COURT , FOR THE OPERATION OF A DECISION TO BE SUSPENDED AND FOR OTHER INTERIM MEASURES TO BE ORDERED THERE MUST BE CIRCUMSTANCES GIVING RISE TO URGENCY AND FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THOSE MEASURES .
24 AS REGARDS THE SIX APPLICANTS RESIDENT IN BELGIUM THE MAIN ACTION WAS CLEARLY BROUGHT AFTER THE PERIOD PRESCRIBED BY THE ECSC TREATY HAD EXPIRED . IN THOSE CIRCUMSTANCES , TO ORDER THE SUSPENSION OF THE OPERATION OF A COMMISSION DECISION WOULD PROVIDE A MEANS OF CIRCUMVENTING THE MANDATORY RULES LAID DOWN BY THE TREATY FOR INSTITUTING PROCEEDINGS FOR A DECLARATION OF NULLITY . THE APPLICATION MUST THEREFORE BE DISMISSED AS FAR AS THOSE APPLICANTS ARE CONCERNED .
25 AS REGARDS THE COMPANY BENSIDER , THE MAIN APPLICATION WAS MADE WITHIN THE PRESCRIBED PERIOD . IN THESE PROCEEDINGS RELATING TO THE APPLICATION FOR INTERIM MEASURES IT IS UNNECESSARY TO RULE , EVEN PROVISIONALLY , ON BENSIDER ' S CAPACITY TO INSTITUTE PROCEEDINGS AT THE TIME WHEN THE MAIN APPLICATION WAS LODGED AT THE COURT REGISTRY . IT IS SUFFICIENT TO NOTE THAT , EVEN IF THE VIEW MOST FAVOURABLE TO THE COMPANY BENSIDER IS ADOPTED , THAT COMPANY WAS CONSTITUTED ON 9 FEBRUARY 1984 AT THE EARLIEST . IT BASES ITS APPLICATION FOR SUSPENSION ON AN ALLEGED MISUSE OF POWERS AFFECTING IT BY THE COMMISSION IN A A DECISION ADOPTED BY THE LATTER ON 23 DECEMBER 1983 . SINCE AT THAT DATE THE COMPANY BENSIDER DID NOT EXIST THE COMMISSION COULD NOT HAVE BEEN GUILTY OF A MISUSE OF POWERS IN AFFECTING IT . ACCORDINGLY , SINCE THAT COMPANY HAS BEEN UNABLE TO ADDUCE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR A SUSPENSION OF THE OPERATION OF THE CONTESTED DECISION , THE APPLICATION MUST ALSO BE DISMISSED IN ITS CASE .
ON THOSE GROUNDS ,
THE PRESIDENT OF THE COURT ,
BY WAY OF AN INTERIM DECISION ,
HEREBY ORDERS AS FOLLOWS :
1 . THE APPLICATION IS DISMISSED ;
2 . THE COSTS ARE RESERVED .
