JUDGMENT OF 15. 7. 1970 —CASE 45/69 BOEHRINGER MANNHEIM v COMMISSION

In Case 45/69

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 — Complaints concerning the procedure followed by the Commission

(a) General considerations

(b) Sufficient indication of the facts and points of evidence in the notice of complaints

(c) Refusal of authorization to examine the whole of the administrative file

(d) Defective consultation of the Advisory Committee owing to the incompleted nature of the minutes of the hearing of the persons concerned

(e) Defective consultation of the Advisory Committee owing to the lack of any prior indication concerning the amount of the fine

(f) Defective submission of the case to the meeting of the Members of the Commission

2 — Complaints relating to the establishment and the confirmation of the facts

(a) General consideration of the export agreement and of the gentlemen's agreements

(b) The application of the export agreement

(c) The application of the gentlemen's agreements

(d) The declarations of October and November 1963 concerning the protection of domestic markets

3 — Applicability of Article 85 (1) of the EEC Treaty

(a) The export agreement

(b) The gentlemen's agreement

(c) Declarations of October and November 1963 concerning the protection of domestic markets

4 — Complaints concerning time-limits

5 — Complaints concerning the finding of guilt

6 — Complaints concerning the fixing of the fine

7 — The deduction from the fine imposed by the Commission of the fine imposed on the applicant by an American court

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 complaints concerning the procedure before the Advisory Committee

V — 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 finding of an infringement

VIII — Complaints relating to the fine

Costs