JUDGMENT OF 14.7.1972 — CASE 49/69 BASF v COMMISSION

In Case 49/69

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

gives the following

JUDGMENT

Issues of fact and of law

I — Statement of the facts

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — Submissions as to form and procedure

1. Complaints concerning the commencement of the administrative procedure

2. Complaint concerning the failure to make information available

3. Complaints concerning the hearing of the undertaking concerned

4. Complaint concerning the statement of reasons for the contested decision

B — Substantive submissions

1. Infringement of the Treaty or of any rule concerning its application

2. The submission concerning misuse of powers

3. The complaint relating to the period of limitation

4. The complaint concerning the fine

IV — Procedure

Grounds of judgment

Submissions relating to procedure and to form

The submissions concerning the administrative procedure

(a) The complaint relating to the commencement of the administrative procedure

(b) The complaint relating to a failure to make information available

(c) The complaint concerning the hearing of the undertakings concerned

The submission concerning the statement of reasons contained in the contested decision

The submission as to the limitation period

Substantive submissions as to the existence of concerted practices

Arguments of the parties

The concept of a concerted practice

The characteristic features of the market in dyestuffs

The increases of 1964, 1965 and 1967

The submission concerning misuçe of powers

The fine

Costs