JUDGMENT OF 15. 7. 1970 — CASE 44/69 BUCHLER v COMMISSION

In Case 44/69

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

gives the following

JUDGMENT

Issues of fact and of law

I — Statement of facts and procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties

1 — The procedure followed by the Commission

(a) General considerations

(b) Investigations carried out in Italy and Belgium

(c) Failure to provide the applicant with documents

(d) Objections concerning the minutes of the undertakings concerned

2 — The period of limitation

3 — As regards other infringements of the law to which the applicant refers in the alternative

(a) Prohibition on the export agreement

(b) Duration of the cooperation

(c) Objections concerning the agricultural nature and special position with regard to raw materials

4 — Objections regarding the fine

Grounds of judgment

A — The submission relating to the limitation period

B — Submissions relating to procedure and form

I — Submissions relating to the notice of complaints

II — The objection relating to consultation of the administrative file

III — Complaints relating to the drawing up of the minutes of the hearing

IV — The complaint that the Members of the Commission did not take sufficient part in the administrative procedure

C — Substance

I — The status and duration of the gentlemen's agreement

II — Protection of the producers' domestic markets

III — The joint fixing of sales prices

IV — The sales quotas

V — Restrictions on the manufacture of synthetic quinidine

VI — General appraisal of the agreement within the Common Market

VII — Complaints relating to the fine

Costs