Judgment of the Court of 14 May 1975 Kali und Salz AG and Kali-Chemie AG v Commission of the European Communities

In Joined Cases 19 and 20/74

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

gives the following

JUDGMENT

Facts

I — Facts

II — Procedure

III — Conclusions of the parties

IV — Submissions and arguments of the parties

(a) The defendant's argument that there are alternatives to the agreement of 6 July 1970.

1. The market for the products in question, the place of KC in this market and the sensitivity of potash to transport costs

2. The possibility of extending KC's range of products

3. The economic impossibility of stocking

4. The costs involved by a sales in salts of potash

(b) The applicability of Article 85 (1)

(c) The inapplicability of Article 85 (3)

V — Questions put by the Court to the parties

(a) Questions on the amendment of the Decision in question following the appearance of alkaline mud in the Ronnenberg mine.

(b) Questions put to K & S

(c) Questions put to KC

(d) Questions put to the defendant.

Law

Costs

1 Language of the Case: German.