JUDGMENT OF 8. 6. 1982 — CASE 258/78 NUiNGESSER v COMMISSION

In Case 258/78

THE COURT composed of: J. Mertens de Wilmars, President, G. Bosco, A. Touffait and O. Due (Presidents of Chambers), Lord Mackenzie Stuart, A. O'Keeffe, T. Koopmans, U. Everling and A. Chloros, Judges, Advocate General: S. Rozès Registrar: H. A. Rühi, Principal Administrator

gives the following

JUDGMENT

Facts and Issues

I — Facts and procedure

A — The facts

B — The decision

1. The operative part

2. Summary of the statement of reasons on which the decision is based

The exclusivity of the licence

Inapplicability of Regulation No 26

Particular characteristics of seeds

The inapplicability of Article 8 5 (3) of the Treaty

C — Procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — The facts

1. Services performed by Mr Eisele:

(a) Germinating capacity and germinating energy

(b) Chemical treatment

(c) Sizing

2. The prices of INRA maize seeds in Germany and France

B — Legal appraisal

1. The subject-matter of the decision

2. Community rules on competition and breeders' rights

3. Exclusivity and rules of competition

4. The settlement of 14 November 1973

5. The applicability of Regulation No 26

6. The refusal to grant an exemption under Article 85 (3)

IV — The interventions

1. Economic and technical considerations

2. The application of Article 85 (1) of the Treaty to exclusive licences

3. The refuml to grant an exemption under Article 85 (3)

V — Oral procedure

Decision

First submission: The contracts covered by the contested decision

Second submission: The applicability of Regulation No 26/82

Third submission

A — The particular nature of plant breeders' rights

B — The application of Article 85 of the EEC Treaty to exclusive licences

Fourth submission: The grant of an exemption under Article 85 (3) of the EEC Treaty

Fifth submission: The settlement concluded between Louis David KG and Mr Eisele

Costs

1 Translator's noie: The English translation of the decision published in the Official Journal is no: authentic and has not been followed in all respects.

2 Translator's note The English translation ol the decision published in the Official Journal is not authentic and has not been t'oiiowec in all respects.