JUDGMENT OF 8. 2. 1968 — CASE 28/66 NETHERLANDS v COMMISSION

In Case 28/66

THE COURT composed of: R. Lecourt, President, A. M. Donner and W. Strauß, Presidents of Chambers, A. Trabucchi, R. Monaco (Rapporteur), J. Mertens de Wilmars and P. Pescatore, Judges, Advocate-General: J. Gand 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

Admissibility

Substance

A — Infringement of the Treaty

B — Infringement of an essential procedural requirement

C — Misuse of powers

IV — Procedure

Grounds of judgment

Costs

I —. Facts

II —. Conclusions of the parties

—. annul Decision No 14/66 of the High Authority of 20 July 1966;

—. order the High Authority to pay the costs.

—. dismiss the application brought by the Government of the Kingdom of the Netherlands as unfounded;

—. order the applicant to pay the costs.

III —. Submissions and arguments of the parties

A —. Infringement of the Treaty

B —. Infringement of an essential procedural requirement

C —. Misuse of powers

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 Protocol on the Statute of the Court of Justice of the European Coal and Steel Commumty; Having regard to Articles 2 to 5, the first paragraph of Article 15, Articles 33, 67 and the fourth paragraph of Article 70 of the Treaty establishing 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:

1 Annuls Decision No 14/66 of the High Authority and refers the matter back to the Commission;

2 Orders the defendant to bear the costs of the action.