JUDGMENT OF 11. 6. 1968 — CASE 29/67 DE WENDEL v COMMISSION

In Case 29/67

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

gives the following

JUDGMENT

Issues of fact and of law

I — Facts and procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties

Admissibility

The substance

I — Infringement of an essential procedural requirement

(a) The first complaint

(b) The second complaint

(c) The third complaint

(a) The first complaint

(b) The second complaint

(c) The third complaint

II — Infringement of the Treaty and of the rules of law relating to its application

A — The nullity of the contested decision

1. The nature of the contested transactions (infringement of the first sentence of the first paragraph of Article 2 of Decision No 30/53)

2. The discriminatory nature of the price variations applied

3. The distinction between transactions entered into with German motor car manufacturers and the other transactions

B — The illegality of the second sentence of the first paragraph of Article 2 of Decision No 30/53

Grounds of judgment

Admissibility

The submission of infringement of the Treaty

A — The duty not to discriminate

B — The duty of publication

The submission of infringement of an essential procedural requirement

Costs