JUDGMENT OF 14.7.1972 — CASE 52/69 GEIGY v COMMISSION

In Case 52/69

THE COURT composed of: R. Lecourt, President, J. Mertens de Wilmars and H. Kutscher, Presidents 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

1. The submission concerning the jurisdiction of the Commission to adopt the contested measure in respect of the applicant

A — The applicant's view

Complaint concerning the statement of reasons

Criticism of the effects doctrine (Auswirkungsprinzip)

(a) According to the law of the Member States

(b) According to international law

B — The defendant's view

The complaint concerning the statement of reasons

The jurisdiction of the Commission based on the conduct of the applicant inside the Common Market

The jurisdiction of the Commission based on the effects produced inside the Common Market by certain conduct of the applicant outside the Common Market

(a) The question whether the Commission's claim to jurisdiction accords with international law

(b) The question whether the jurisdiction claimed by the Commission accords with the internal law of the Member States

C — The applicant's reply

The legal personality of the Community under international law

The activity of the applicant within the common market

The claim to jurisdiction based on effects

(a) According to public international law

(b) According to the internal law of the Member States

D — The defendant's rejoinder

The legal personality of the Community under international law

The activity of the applicant within the Common Market

Jurisdiction justified by the effects which the conduct of the applicant has produced within the Common Market

(a) Jurisdiction of the Commission under the rules of international law

(b) The question whether the Commission's claim for jurisdiction accords with the internal law of the Member States

2. The submission concerning notification of the decision

3. The submission concerning the commencement of the administrative procedure

4. The submission concerning the communication of the notice of objections to the applicant in Switzerland

5. The submission concerning the right to be heard

6. The submission concerning the period of limitation

7. The submission concerning the concept of, the reasons for and the evidence of the concerted practice

8. The submission concerning the adverse effect on trade between Member States

9. The submission concerning the restriction on competition

10. The submission concerning the applicant's error

11. The regularity of the statement of defence

IV — Procedure

Grounds of judgment

The submissions concerning the administrative procedure

(a) The complaint relating to the signing of the notice of objections by an official of the Commission

(b) The complaint relating to disparities between the notice of objections and the decision to commence the administrative procedure

(c) The submission concerning the service of the notice of objections

(d) The complaint concerning the continuation of inquiries after the notice of objections had been served

The submission relating to notification of the 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 effect of the concerted practice on trade between Member States

The jurisdiction of the Commission

The fine

Costs