JUDGMENT OF 12. 2. 1960 — JOINED CASES 16, 17 AND 18/59 GEITLING. MAUSEGATT, PRÄSIDENT v HIGH AUTHORITY

In Joined Cases

THE COURT composed of: A. M. Donner, President, L. Delvaux (Rapporteur) and R. Rossi Presidents of Chambers, 0. Riese and N. Catalano, Judges, Advocate-General: M. Lagrange Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Facts and procedure

II — Facts

III — Submissions and arguments of the parties

A — Admissibility

B — Substance

Grounds of judgment

Admissibility

Admissibility of claims 1 to 6

Admissibility of claim 7

The position of the parties with regard to claim 8

Costs

I —. Facts and procedure

A —. Annul the following provisions of Decision No 17/59 of 18 February 1959 (JO of 7.3.1959, p. 279 et seq.) and the following matters in the letter from the President of the High Authority of 21 February 1959:

B —. Order the High Authority to bear the costs

II —. Facts

III —. Submissions and arguments of the parties

A —. Admissibility

1. Claims 1 to 6 (relating to the grounds of Decision No 17/59 and to the letter of 21 February 1959).

2. Claim 7 (objecting to article 14 (2) of Decision No 17/59 providing for the carrying out of checks by officials of the High Authority).

3. Claim 8 (contesting Article 11 of Decision No 17/59 on the trade regulations).

B —. Substance

1. Claims 1 to 6 (objecting to the statement of grounds in Decision No 17/59 and the letter of 21 February 1959).

2. Claim 7 (objecting to Article 14 (2) of Decision No 17/59 providing for checks by officials of the High Authority).

Upon reading the pleadings; Upon hearing the report of the Judge-Rapporteur; Upon hearing the parties; Upon hearing the opinion of the Advocate-General; Having regard to Articles 2, 3, 4, 5, 14, 15, 33, 47, 48, 65, 80 and 86 of the Treaty establishing the European Coal and Steel Community; Having regard to the Protocol on the Statute of the Court of Justice of the ECSC; Having regard to the Rules of Procedure of the court of Justice of the European Communities, THE COURT hereby:

1 Dismisses claims 1 to 7 as inadmissible;

2 Takes note of the withdrawal of claim 8;

3 Takes note of the agreement of the parties that the defendant should bear the costs attributable to claim 8;

4 Orders that costs of the action including the costs of the interim application shall be borne as to two-thirds by the applicants and as to one third by the defendant.