JUDGMENT OF 16. 6. 1966 — JOINED CASES 52 AND 55/65 GERMANY v COMMISSION

In Joined Cases 52 and 55/65

THE COURT composed of: Ch. L. Hammes, President, (Rapporteur), L. Delvaux and W. Strauß, Presidents of Chambers, A. M. Donner, A. Trabucchi, R. Lecourt and R. Monaco, Judges, Advocate-General: K. Roemer Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Facts

(a) Case 52/65

(b) Case 55/65

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — Ultra vires actions and infringement of the Treaty

B — Misuse of powers and infringement of the Treaty

IV — Procedure

Grounds of judgment

Admissibility

The substance of the case

The first submission

The second submission

Costs

I —. Facts

(a). Case 52/65

(b). Case 55/65

II —. Conclusions of the parties

(a). In Case 52/65

(b). In Case 55/65

(c). In both Cases

III —. Submissions and arguments of the parties

A —. Ultra vires actions and infringement of the Treaty

B —. Misuse of powers and infringement of the Treaty

IV —. 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, especially Articles 5, 9, 12, 13, 14, 15, 173, 175 and 189; Having regard to the Protocol on the Statute of the Court of Justice of the European Economic Community; Having regard to the Rules of Procedure of the Court of Justice of the European Communities; THE COURT hereby:

1 Dismisses Applications 52 and 55/65;

2 Orders the Federal Republic of Germany to pay the costs.

1 Paragraph amended pursuant to an order of the Court of 13 July 1966.

2 Paragraph amended pursuant to an order of the Court of 13 July 1966.