JUDGMENT OF 14.7.1972 — CASE 55/69 CASSELLA v COMMISSION

In Case 55/69

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 procedure and to form

1. Complaints concerning the commencement of the administrative procedure

2. Complaints concerning the course of the administrative procedure

3. Complaints concerning the reasons stated for the decision

4. The period of limitation

B — On the substance

1. The concept of a concerted practice

2. The competitive situation on the dye-stuffs market

3. The factual evidence

4. 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 signing of the notice of objections by an official of the Commission

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

(c) The complaint relating to a continuation of inquiries following notification of the objections

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

(e) Complaints relating to other infringements of the rights of the defence

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 fine

Costs