JUDGMENT OF 2. 6. 1965 — CASE 36/64 SOREMA v HIGH AUTHORITY
In Case 36/64
THE COURT composed of: Ch. L. Hammes, President (Rapporteur), A. M. Donner and R. Lecourt, Presidents of Chambers, L. Delvaux, A. Trabucchi, W. Strauß and R. Monaco, 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
1. Misuse of powers
2. Mistaken finding of the existence of a prohibited discrimination
3. Defects in the statement of reasons for the finding of the existence of restrictions on competition
4. Defect in the statement of reasons for a refusal to renew the authorization
5. Defect in the statement of reasons for a revocation of authorization
IV — Procedure
Grounds of judgment
I — As to Admissibility
II — On the substance of the case
1. As to the first submission
2. As to the second submission
3. As to the third submission
4. As to the fourth and fifth submissions
III — Costs
I —. Facts
1. In April 1956, the Oberrheinische Kohleunion, Bettag, Puton & Co. (hereinafter referred to as OKU), which was then a joint-selling organization of the mining companies of the Aachen, Ruhr, Saar and Lorraine basins selling on the South German market, was transformed by a decision of its members into a joint-buying organization to buy from the said companies fuel intended for re-sale in Southern Germany.
2. The High Authority by Decision No 19/57 of 26 July 1957 (Official Journal p. 352/57) pursuant to Article 65 of the Treaty authorized, subject to certain reservations and conditions, the above-mentioned joint-buying agreement of OKU.
3. By Decision No 4/58 of 2 April 1958 (Official Journal p. 169/58), the High Authority, taking the view that the merchants grouped within SOREMA had had no opportunity, by reason of certain circumstances, of developing their own sales operations in Southern Germany, extended until 31 July 1958 the transitional period on the expiration of which Decision No 19/57 would lapse so far as concerned the participation of these companies in OKU, unless they proved by this date that they fulfilled the previously mentioned requirements of the association agreement of OKU for the admission of new companies.
4. By letter of 15 July 1958 (Official Journal p. 286/58), the High Authority informed SOREMA that there was no longer any justification for the retention within OKU of the undertakings represented by SOREMA, since for them to continue within it would be incompatible with the principles which had been decisive for the purposes of the conversion of OKU and for its authorization by Decision No 19/57. It pointed out that it was only as an exception and for the transitional period of one year that its participation in OKU had been authorized.
5. After 30 September 1958, the participation in OKU of the French merchants grouped within SOREMA was not made the subject of any rules until the adoption of Decision No 23/59 of 25 March 1959 (Official Journal p. 420/59). By this Decision the High Authority, finding the evidence of withdrawal, particularly in respect of the French merchants grouped with SOREMA had not been supplied, prolonged for two months until 31 May 1959 the validity of Decision No 19/57 authorizing OKU's joint-buying agreement.
6. By Decision No 31/59 of 27 May 1959 (Official Journal p. 697/59), the High Authority again extended the validity of Decision No 19/57 concerning OKU, this time until 31 March 1962.
7. By Decision No 12/60 of 18 May 1960 (Official Journal p. 813/60), the High Authority extended SOREMA's authority to participate in OKU until 31 March 1962.
8. On 28 March 1962 by Decision No 3/62 the High Authority extended OKU's joint-buying agreement until 31 December 1962, and specified that this authorization also extended SOREMA's participation, though for a transitional period the duration of which would be laid down in a later decision.
9. By Decision No 8/63 of 30 April 1963 (Official Journal p. 1441/63), the High Authority decided that SOREMA's authorization to participate in OKU would expire on 30 June 1963.
10. On 15 July 1964, the High Authority adopted Decision No 15/64 (Official Journal p. 1969/64), which is the subject of the present application.
II —. Conclusions of the parties
III —. Submissions and arguments of the parties
1. Misuse of powers
2. Mistaken finding of the existence of a prohibited discrimination
3. Defects in the statement of reasons for the finding of the existence of restrictions on competition
4. Defect in the statement of reasons for a refusal to renew the authorization
5. Defect in the statement of reasons for a revocation of authorization
IV —. Procedure
I —. As to Admissibility
II —. On the substance of the case
1. As to the first submission
2. As to the second submission
3. As to the third submission
4. As to the fourth and fifth submissions
III —. Costs
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 Articles 15, 33, 48, 65 and 80 of the Treaty establishing the European Coal and Steel Community; Having regard to the Protocol on the Statute of the Court of Justice of the European Coal and Steel Community; Having regard to the Rules of Procedure of the Court of Justice of the European Communities; THE COURT hereby:
I Dismisses the application;
2 Orders the Société Rhénane d'Exploitation et de Manutention (SOREMA) to bear the costs of the proceedings including those of the application for the adoption of an interim measure.