JUDGMENT OF 18.5.1962 — CASE 13/60 GEITLING v HIGH AUTHORITY

In Case 13/60

THE COURT composed of: A. M. Donner, President, O. Riese and J. Rueff (Rapporteur) (Presidents of Chambers), Ch. L. Hammes and R. Rossi, Judges, Advocate-General: K. Roemer Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Facts

II — Conclusions of the parties

III— Summary of the submissions and arguments of the parties

On the substance of the case

1. Infringement of essential procedural requirements

(a) Insufficiency of reasons for the finding as to the requirements of Article 65(2) (a) and (b) of the Treaty

(b) Insufficiency of reasons with reference to the requirements of Article 65(2)(c) of the Treaty, especially with regard to a power to determine prices of Ruhr coal

2. Infringement of the Treaty

(a) Infringement of Article 65 (2) (a) and (b)

(b) Infringement of Article 65(2)(c)

(a) General

(b) The four conditions contained in Article 65(2) (c)

(i) The concept of'power to determine prices'

(ii) The concept of marketing control

(iii) The concept of a substantial part of the products in question

(iv) The concept of the Common Market

(c) Manifest failure to observe the Treaty

(d) Exceptional circumstances

3. Misuse of power

IV — Procedure

Grounds of judgment

Admissibility

On the substance

1. The submissions of the parties

2. Respective positions of the High Authority and of the Court with regard to Article 65 of the Treaty

3. Infringement of the Treaty

A — Misinterpretation and misapplication of the Treaty

(a) The concept of the power to determine prices

(b) The concept ofthe control of marketing

(c) The concept of a substantial part of the products in question within the Common market

B — Erroneous findings of fact

C — Manifest failure to observe the provisions of the Treaty

4. Infringement of an essential procedural requirement

Costs