JUDGMENT OF 15. 7. 1963 — CASE 34/62 GERMANY v COMMISSION

In Case 34/62

THE COURT composed of: A. M. Donner (Rapporteur), President, L. Delvaux and R. Lecourt (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 — Submissions and arguments of the parties

A — Infringement of an essential procedural requirement

B — Infringement of the Treaty or of rules of law relating to its application

1. Mistakes of law

2. Mistakes of fact

Mistake of law

Mistakes of fact

C — Misuse of powers

IV — Procedure

Grounds of judgment

The complaint of infringement of an essential procedural requirement

The complaint of infringement of the Treaty

The complaint of misuse of powers

Costs

I —. Facts

II —. Conclusions of the parties

III —. Submissions and arguments of the parties

A —. Infringement of an essential procedural requirement

B —. Infringement of the Treaty or of rules of law relating to its application

1. Mistakes of law

2. Mistakes of fact

C —. Misuse of powers

IV —. Procedure

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, 18, 25, 29, 39, 173 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 Communities. THE COURT hereby:

1 Dismisses the application;

2 Orders the applicant to pay the costs.