JUDGMENT OF 27. 6. 1973 — CASE 35/72 KLEY v COMMISSION

In Case 35/72

THE COURT (Second Chamber) composed of: P. Pescatore, President, M. Sørensen and Lord Mackenzie Stuart (Rapporteur), Judges, Advocate-General: A. Trabucchi Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Summary of facts

II — Procedure

III — Submissions of the parties

IV — Pleas and arguments of the parties

A — Admissibility

B — Merits

First plea

Second plea

Third plea

Grounds of judgment

Admissibility

Merits

As to the statement of reasons in the decision

As to the contravention of Articles 5 and 7 and Annex I to the Regulations

As to misuse of powers

Costs