JUDGMENT OF 15.7.1960 — JOINED CASES 36, 37, 38 AND 40/59 GEITLING v HIGH AUTHORITY

I — In Joined Cases

THE COURT composed of: A. M. Donner, President, A. M. Delvaux (Rapporteur in Cases 36 to 38/59) and R. Rossi, President of Chambers, O. Riese and N. Catalano (Rapporteur in Case 40/59), Judges, Advocate-General: M. Lagrange Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — As regards Cases 36, 37 and 38/59

A — Conclusions of the parties

B — The facts

C — Submissions of the parties

1. On admissibility

2. On substance

(a) On the submission of infringement of an essential procedural requirement

(b) On the submission of infringement of the Treaty and manifest disregard for its provisions

(c) On the submission of a misuse of powers

As regards Case 40/59

Conclusions of the parties

The facts

C — Submissions of the parties

1. Admissibility

2. As to substance

(a) As regards the principal claim

(aa) Infringement of an essential procedural requirement

(bb) Infringement of the Treaty and misuse of powers

(b) Concerning the alternative claim

D — Measures of inquiry

E — Procedure

Grounds of judgment

I — Preliminary considerations

II — Admissibility

III — Substance

A — On the submission as to infringement of an essential procedural requirement

1. Refusal to authorize the criterion of60000metric tons

2. Maintenance in principle and the alteration of the amounts of the criteria of30000 (20000) and9000 (6000) metric tons

B — The submissions as to infringement of the Treaty and misuse of powers

1. The complaint of infringement of the Treaty

2. The complaint as to misuse of powers

Costs