JUDGMENT OF 27. 1. 1976 — CASE 46/75 IBC v COMMISSION

In Case 46/75

THE COURT composed of: R. Lecourt, President, H. Kutscher, President of Chamber, A. M. Donner, J. Mertens de Wilmars, M. Sørensen, Lord Mackenzie Stuart and A. O'Keeffe, Judges, Advocate-General: J.-P. Warner Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts

I — Facts and procedure

(a) Subject-matter of the action

(b) Regulations involved in this instance

(c) Procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — Application

Facts

Law

1. Infringement of the second and fourth indents of Article 155 of the EEC Treaty, together with Article 1 of Regulation No 974/71

2. Infringement of the fourth indent of Article 155 of the EEC Treaty, together with Article 4a of Regulation No 974/71

3. Further infringement of the fourth indent of Article 155 of the EEC Treaty, together with Article 4a of Regulation (EEC) No 974/71

4. Infringement of the fourth indent of Article 155 of the EEC Treaty, together with Article 145

B — Defence of the Commission

(a) The exercise of a power reserved solely to the Council

(b) Incompatibility with the objectives of the compensatory amounts

C — Reply

D — Rejoinder

IV — Oral procedure

Law

Costs