JUDGMENT OF 13. 11. 1973 — JOINED CASES 63 TO 69/72 WERHAHN v COUNCIL

In Joined Cases 63 to 69/72

THE COURT composed of: R. Lecourt, President, A. M. Donner and M. Sørensen, Presidents of Chambers, R. Monaco, J. Mertens de Wilmars (Rapporteur), P. Pescatore, H. Kutscher, C. Ó Dálaigh, A. J. Mackenzie Stuart, Judges, Advocate-General: K. Roemer Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Facts and procedure

(a) Objects of the proceedings

(b) Organization of the market in cereals

(c) Procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — The application

Issues of fact

Issues of law

B — Defence of the Council

Issues of fact

Issues of law

As regards the defendant institutions and their joint liability

As regards the general and abstract character of the acts in relation to which liability on the part Of the Community is alleged

As regards the relation of cause and effect

As regards culpability

C — Defence of the Commission

Issues of fact

Issues of law

As regards the defendant institutions and their joint liability

As regards the legality of the acts criticized

As regards the existence of intentional and flagrant culpability

As regards the detriment

D — Reply of the applicants

Issues of fact

Issues of law

As regards the institutions which are alleged to be liable

As regards the illegal aspects of the organization of the market in durum wheat

As regards the obligation to compensate the applicants on the ground of an intervention on the part of the public authority equivalent to dispossession

As regards the extent of the damage

E — Rejoinders of the Council and of the Commission

Issues of fact

As regards the right to compensation for an intervention by the authorities, equivalent to illegal dispossession

As regards the assessment of the damage

Grounds of judgment

I — As regards the admissibility of the appeal bearing in mind that it is directed against the Council and the Commission jointly

II — On the substance

1. As regards the infringement of Article 39 (1) (c)

2. As regards the infringement of Article 40 (3), second paragraph, of the Treaty and of the principle of proportionality

Costs