JUDGMENT OF 9.6.1964 — JOINED CASES 55 TO 59/63 AND 61 TO 63/63 MODENA v HIGH AUTHORITY

In Joined Cases 55 to 59/63 and 61 to 63/63

THE COURT composed of: A. M. Donner, President; Ch. L. Hammes and A. Trabucchi, Presidents of Chambers, L. Delvaux, R. Rossi (Rapporteur), R. Lecourt 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

Admissibility

A — The applications for annulment

1. The letter of 8 April 1963

2. Decision No 7/63

B — Claims for compensation in Cases 55, 56, 58, 59, 61, 62 and 63/63

On the substance

A — Application for annulment

1. Misuse of powers

2. Infringement of the Treaties or of any rules of law relating to their application, of the decisions introducing the ferrous scrap equalization scheme and of the principles governing the latter

3. Absence of reasons

4. Infringement of the law: incompatibility with Community rules relating to publication of prices

5. Infringement of the law: incompatibility with Community rules concerning competition

6. Misuse of powers: inaccurate recital of the facts and incorrect determination of the amounts of ferrous scrap chargeable

B — Claim for damages

IV — Procedure

Grounds of judgment

A — The application for annulment

1. Decision No 7/63

Admissibility

2. The letters of 8 April 1963

Admissibility

B — The claim for damages

Costs