JUDGMENT OF 10. 12. 1969 — JOINED CASES 10 AND 18/68 ERIDANIA v COMMISSION

In Joined Cases 10/68 and 18/68

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

Case 10/68

Case 18/68

III — Submissions and arguments of the parties

Admissibility of the application

A — Case 10/68

1. Time-limits

2. Capacity to act

B — Case 18/68

The substance of the case

A — Case 10/68

Complaints common to the three decisions

1. Infringement of Articles 11(1)(c) and 12(3) of Regulation No 17/64

2. Infringement of Articles 14 and 15(1) of Regulation No 17/64

3. Infringement of Articles 92 and 93 of the EEC Treaty

4. Infringement of the general principle of law which allows persons having a contrary interest the right to be heard before a decision is taken

Complaints peculiar to the decisions of of 27 July 1967 and 2 October 1967

1. Infringement of Article 11(2) and Article 20 of Regulation No 17/64 by the decision of 27 July 1967

2. Misuse of powers and incorrect, inadequate, ambiguous and contradictory reasoning of the decision of 27 July 1967

3. Infringement of Article 1(2) of Regulation No 206/66 by the decision of 2 October 1967

B — Case 18/68

Grounds of judgment

Admissibility of Application 10/68

Admissibility of Application 18/68

Costs