JUDGMENT OF 13. 7. 1962 — JOINED CASES 17 AND 20/61 KLÖCKNER v HIGH AUTHORITY

In Joined Cases 17/61

THE COURT composed of: A. M. Donner, President, O. Riese (President of Chamber), L. Delvaux, Ch. L. Hammes and A. Trabucchi (Rapporteur), Judges, Advocate-General: M. Lagrange Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Conclusions of the parties

1. In Case 17/61

2. In Case 20/61

II — Facts

III — Submissions and arguments of the parties

A — Admissibility

B — On the substance of the case

1. Infringement of the Treaty and of the rules of law relating to its implementation.

(a) As to the nature oj the Konzern as an undertaking in the opinion of the applicant Klöckner-Werke AC

(b) As to the nature of the parent company as an undertaking, in the opinion of the applicant Hoesch AG

(c) Arguments of the defendant

(d) The interpretation of the basic Decisions

(e) The complaint of discrimination

2. Misuse of powers

3. Infringement of the Treaty by the basic Decisions

4. Infringement of an essential procedural requirement and lack of competence

5. Ownership of the scrap

6. Costs

IV — Procedure

Grounds of judgment

Admissibility

On the substance of the case

I — Submission based on infringement of the Treaty or of the rules of law relating to its application

1. The concepts of undertaking and purchase for the purposes of the application of the equalization scheme for scrap

2. The concept of an undertaking and the attitude of the High Authority

3. On the question whether the disputed scrap can be considered as bought scrap

4. The complaint of discrimination

II — Submission of misuse of powers

III — Objections of illegality raised against the basic Decisions

IV — Costs