Judgment of the Court 2 July 1964

In Case 103/63

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

Grounds of judgment

Costs

I —. Facts

II —. Conclusions of the parties

1. To hold that the defendant infringed Article 155 of the Treaty establishing the EEC and the third sentence of Article 7 (2) of Regulation No 19 of the Council of the EEC of 4 April 1962, providing for the progressive establishment of a common organization of the markets in the cereals sector (OJ 1962, pp. 933 et seq.), in that it failed:

2. To order the Commission to pay the costs.

1. Dismiss the application of the defendant for a preliminary decision on the admissibility of the application;

2. Alternatively, suspend a decision on the application of the defendant for a preliminary decision until the defendant, within a time-limit laid down by the President, has produced a statement in reply concerning the substance of the case.

III —. 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 the Treaty establishing the European Economic Community: Having regard to the Rules of Procedure of the Court of Justice of the European Communities, especially Article 69; THE COURT hereby rules:

1 The issues in the case have been disposed of;

2 The parties shall bear their own costs.

1 Language of the Case: German.

2 CMLR.