JUDGMENT OF 20. 6. 1978 — CASE 28/77 TEPEA v COMMISSION

In Case 28/77

THE COURT composed of: H. Kutscher, President, M. Sørensen and G. Bosco (Presidents of Chambers), A. M. Donner, J. Mertens de Wilmars, P. Pescatore, Lord Mackenzie Stuart, A. O'Keeffe and A. Touffait, Judges, Advocate General: F. Capotorti Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and Issues

I — Facts and procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties in the written procedure

1. The nature of the agreements between Theal and Watts

2. The correctness of the notification of 24 January 1963

IV — Replies to the questions put by the Court

V — The oral procedure

Decision

Application of Article 85 (1) of the EEC Treaty

The application of Article 15 (2) of Regulation No 17

Application of Article 15 (1) (a) of Regulation No 17

Costs

1 Having regard to the date of publicitation it may be assumed that the article was written in 1954, a year in respect of which Tepea has not made any unfounded allegations.