JUDGMENT OF 7. 2. 1973 — CASE 40/72 SCHROEDER v GERMANY

In case 40/72 Reference to the Court for a preliminary ruling under Article 177 of the EEC Treaty by the Verwaltungsgericht, Frankfurt on Main in the case pending before the said Verwaltungsgericht between

THE COURT composed of: R. Lecourt, President, R. Monaco, President of Chambers, A. M. Donner, J. Mertens de Wilmars (Rapporteur), H. Kutscher, Judges, Advocate-General: K. Roemer Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Facts and procedure

II — Observations submitted under Article 20 of the Statute

First question

Second question

Third question

Fourth question

Grounds of judgment

The validity of Article 2 of Regulation No 1643/71

A — On the necessity of the disputed measure and the characteristic of the threat of a serious disturbance as a consequence of imports (Third paragraph of the observations of the Frankfurt-on-Main court on the second paragraph)

B — On the appropriateness of the disputed measure: infringement of the provisions of Article 39 (1) (c) in conjunction with Article 40 (3) of the Treaty and Article 1 (1) of Regulation No 1427/71 (first question)

C — Infringement of general legal principles (first and second paragraph of the observations of the Court making the reference on the second question)

D — The prohibitive effect of the disputed measure (third question)

On the question of interpretation

Costs