JUDGMENT OF 14.7.1972 — CASE 54/69 FRANCOLOR v COMMISSION

In Case 54/69

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

A — Submissions as to form

First submission, concerning the commencement of the administrative procedure and the publication of the decision adopted

Second submission, concerning the inquiries subsequent to the communication of the notice of objections

Third submission, concerning the incomplete nature of the notice of objections

Fourth submission, concerning the reference made by the contested decision to a decision of a national authority

Fifth submission, concerning the period of limitation

B — Substantive submissions

Sixth and eighth submissions, concerning the concept and existence of concerted practices

(a) The 1964 increase

(b) The 1965 increase

(c) The 1967 increase

The 1964 increase

The increases of 1965 and 1967

Seventh submission, on the statement of the objections adopted against the applicant in the contested decision and of the evidence put forward in support of them

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 continuation of inquiries following notification of the objections

(c) The complaints relating to the incomplete state of the notice of objections

The submission concerning the publication of 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 fine

Costs