JUDGMENT OF 17. 6. 1965 — CASE 32/64 ITALY v COMMISSION

In Case 32/64

THE COURT composed of: Ch. L. Hammes, President, A. M. Donner and R. Lecourt (Rapporteur), Presidents of Chambers, L. Delvaux, A. Trabucchi, W. Strauß and R. Monaco, 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 of the parties

A — On the application to suspend the operation of the provision

B — On the possible wrongful acts or omissions of the Commission

1. The raw material

2. Processing

(a) The effect of overheads

(b) Protection of the processing industries

IV — Procedure

Grounds off judgment

The application to suspend the operation of the contested Decision

The application for annulment

(a) Infringement of an essential procedural requirement.

(b) Infringement of the Treaty

The infringement of Article 2 of Protocol No VIII

The infringement of Articles 14 (2) and (3) and 15 (I) and (2) of the Treaty

The claim that the Commission acted ultra vires

Costs

I —. Facts

—. order the suspension of the operation of the above provision:

—. annul it.

II —. Conclusions of the parties

III —. Submissions of the parties

A —. On the application to suspend the operation of the provision

B —. On the possible wrongful acts or omissions of the Commission

—. infringement of Article 2 of Protocol No VIII of 2 March 1960 concerning silk annexed to the agreement of 2 March 1960 regarding the establishment of the Common Customs Tariff for the products in list G as provided for in the Treaty establishing the European Economic Community and in accordance with Article 226 of that Treaty;

—. ultra vires acts on the grounds of error in the conditions laid down and of manifest inconsistency;

—. failure to explain why the cost of the raw material was considered in isolation;

—. infringement of Articles 14 (2) and (3) and 15 (1) and (2) of the said Treaty.

1. The raw material

2. Processing

(a). The effect of overheads

(b). Protection of the processing industries

IV —. Procedure

1. Italian imports, country by country,

2. Italian exports, country by country,

3. Prices of raw material in Japan and in the Member States.

(a). Infringement of an essential procedural requirement.

(b). Infringement of the Treaty

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, especially Article 14, 15, 173 and 226 and to Protocol No VIII of 2 March 1960; Having regard to the Rules of Procedure of the Court of Justice of the European Communities, especially Articles 69 and 83; THE COURT hereby:

1 Dismisses as inadmissible the application to suspend the operation of the Decision, contained in Application 32/64;

2 Dismisses Application 32/64 as unfounded;

3 Order the applicant to pay the costs.