JUDGMENT OF 12. 7. 1979 — JOINED CASES 32/78 AND 36 TO 82/78 BMW v COMMISSION

In Joined Cases

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

gives the following

JUDGMENT

Facts and Issues

I — Facts and written procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — Case 32/78

1. Infringement of Article 85 of the Treaty

(a) The meaning of the circulars of 29 September 1975

(b) The significance of signing the BMW Belgium circular of 29 September 1975

2. The fine

1. The infringement of Article 85 of the Treaty

(a) The meaning of the circulars of 29 September 1975

(b) The significance of signing the circular from BMW Belgium of 29 September 1975

(2) The fine

B — Cases 36 to 82/78

(1) Submissions and arguments of the applicants

(a) Cases 44 to 82/78 (Dealers other than the members of the Advisory Committee)

(b) Cases 36 to 43/78 (Members of the Advisory Committee)

(2) Submissions and arguments of the Commission

(a) Cases 44 to 82/78

(b) Cases 36 to 43/78

III — Oral procedure

Decision

(1) The infringement of Article 85 (1) of the EEC Treaty

(2) The fines

Costs