JUDGMENT OF 4. 7. 1963 — CASE 24/62 GERMANY v COMMISSION
In Case 24/62
THE COURT composed of: A. M. Donner, President, L. Delvaux and R. Lecourt (Rapporteur), (Presidents of Chambers), Ch. L. Hammes, R. Rossi, A. Trabucchi and W. Strauß, 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 — Arguments of the parties
A — Infringement of an essential procedural requirement under Article 190
B— Infringement of Article 25 of the Treaty
C— Infringement of Article 29 of the Treaty
IV — Procedure
Grounds of judgment
Costs
I —. Facts
II —. Conclusions of the parties
1. annul the Decision of the Commission of the European Economic Community, doc. ref. III/IV/COM(62)82 of 11 May 1962 to the extent that it refuses the applicant's request for the grant of a tariff quota for the year 1962 of 450000 hectolitres of wine intended for distilling;
2. order the defendant to pay the costs.
III —. Arguments of the parties
A —. Infringement of an essential procedural requirement under Article 190
B—. Infringement of Article 25 of the Treaty
C—. Infringement of Article 29 of the Treaty
IV —. Procedure
On those grounds, 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, 9, 25, 29 and 190 of the Treaty establishing the European Economic Community; Having regard to the Protocol on the Statute of the Court of Justice of the European Economic Community; Having regard to the Rules of Procedure of the Court of Justice of the European Co mmunities, especially Article 69 (2); THE COURT hereby:
I Annuls the Decision of the Commission of the European Economic Community of 11 May 1962 published in the Official Journal of the European Communities of 9 June 1962 at pages 1368-1369 as regards those parts of the said Decision which have been submitted to the Court;
2 Orders the defendant to pay the costs.