JUDGMENT OF 15. 5. 1975 — CASE 71/74 FRUBO v COMMISSION

In Case 71/74

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) First objection as to form

(b) Second objection as to form

(c) Third objection as to form

(d) Fourth objection as to form

(e) Cumulative effect of objections as to form

(f) First objection as to substance: inapplicability of Regulation No 26

(g) Second objection as to substance: classification of the agreement as an agreement between undertakings within the meaning of Article 85 (1)

(h) Third objection as to substance: restriction of competition

(i) Forth objection as to substance: obstacles to trade between Member States

(j) First alternative objection as to substance: indispensability of the auction sale obligation

(k) Second alternative objection as to substance: Dutch market as substantial part of the common market

(l) Objections as to the reasons given for the Decision

(m) Intervention by the Fruitunie association

Law

First submission as to form

Second submission as to form

Third submission as to form

Fourth submission as to form

First submission as to substance

Second submission as to substance

Third and fourth submissions as to substance

First alternative submission as to substance

Second alternative submission as to substance

Costs