JUDGMENT OF 17.10.1972 — CASE 8/72 CEMENTHANDELAREN v COMMISSION

In Case 8/72

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

gives the following

JUDGMENT

Issues of fact and of law

I — Facts

II — Procedure

III — Conclusions of the parties

IV — Submissions and arguments of the parties

A — Subject-matter of the dispute

B — Infringement of essential procedural requirements

C — Inadequacy of the statement of reasons upon which the decision is based

D — Infringement of the Treaty

1. Economic background to the dispute

2. Influence on trade between Member States

(a) The proportion of imports in the total consumption of cement in the Netherlands

(b) The coordination of pricing policies

(c) Influence on trade patterns

(d) The foreign producers' share of the market

(e) Obstacles to the creation and expansion of undertakings and to imports

3. Influence on competition within the common market

Grounds of judgment

The subject-matter of the contested decision

The infringement of essential procedural requirements

The substance of the case

(a) Adverse effect on competition within the Common Market

(b) Influence on trade between Member States

Inadequacy of the statement of reasons upon which the decision is based

Costs