JUDGMENT OF 13.7.1962 — CASE 19/61 MANNESMANN AG v HIGH AUTHORITY

In Case 19/61

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

A — Procedure in the main action

B — Intervention procedure

II — Facts

III — Submissions and arguments of the parties

A — Admissibility

B — On the substance of the case

1. Preliminary considerations

2. Infringement of the Treaty

(a) The nature of the applicant as an undertaking under the equalization scheme

(b) Non-comparability of the position of the applicant with groups known as Konzerne

(c) The complaint of discrimination

(aa) The comparability of the position of the applicant with that of certain of its competitors exempted from payment of the equalization contribution

(bb) The criterion of output

(cc) The aims of the equalization system, and the action taken by the High Authority

(d) Exemption of the applicant or imposition of the levy on its competitors

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

4. Ownership of the scrap

IV — Costs

V — 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 aad 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 regarding infringement of an essential procedural requirement and lack of competence

Ill — Costs