JUDGMENT OF 15.7.1964 — CASE 66/63 NETHERLANDS v HIGH AUTHORITY

In Case 66/63

THE COURT composed of: A. M. Donner, President, Ch. L. Hammes and A. Trabucchi (Rapporteur) (Presidents of Chambers). L. Delvaux, R. Rossi, R. Lecourt and W. Strauss, Judges, Advocate-General: M. Lagrange 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 — On admissibility

B — On the substance of the case

1. On the submission of infringement of an essential procedural requirement

2. On the submission of lack of competence

3. On the submission of infringement of the Treaty

(a) The system of supervision

(b) The structure of the two selling agencies and their position in the market considered in relation to Article 65 (2) (c) of the Treaty

(c) The position of each agency in relation to Article 65(2) (c)

(d) On the grounds of complaint based on Article 65 (2) (a) and (b)

4. On the submission of misuse of powers

IV — Procedure

Grounds of judgment

A — On admissibility

B — On the substance of the case

1. On the submission of infringement of an essential procedural requirement

2. On the submission of infringement of the Treaty, of lack of competence and misuse of powers

(a) The system of supervision

(b) The requirements of Article 65 (2) (b) and (c)

(c) Misuse of powers

Costs