JUDGMENT OF 18. 3. 1980 — JOINED CASES 26 AND 86/79 FORGES DE THYMARCINELLE ET MONCEAU v COMMISSION

In Joined Cases 26 and 86/79

THE COURT composed of: H. Kutscher, President, A. O'Keeffe and A. Touffait, Presidents of Chambers, J. Mertens de Wilmars, P. Pescatore, Lord Mackenzie Stuart, G. Bosco, T. Koopmans and O. Due, 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

Ill — Summary of the submissions and arguments of the parties

A — As to the infringement of Decision No 962/77/ECSC fixing minimum prices

(a) Concerning the sales in Belgium

1. The transaction with Etablissements /ouret

2. The transaction with Dema S.A.

(b) Concerning the sales in France

1. The transactions with Etablissements Champion

2. The transactions with Etablissements Davum

B — As to the validity of Decision No 962/77/ECSC fixing minimum prices

1. Admissibility

2. Breach of the principle of proportionality

3. Breach of the principle of nondiscrimination According to the applicant Decision No 962/77/ECSC constitutes clear discrimination against undertakings in the Common Market bound by the minimum prices system whereas undertakings of nonmember countries could act in complete freedom. Up to 31 December 1977 there was therefore a breach of the principle of nondiscrimination which constitutes a fundamental right (judgment in Joined Cases 124/76 and 20/77 of 19 October 1977, ECR 1795).

C — The amount of the fine

D — The necessity for Application No 86/79

IV — Oral procedure

Decision

A — The objection of unlawfulness raised against General Decision No 962/77/ECSC

(a) Admissibility

(b) The objection of lack of proportionality

(c) The objection of discrimination

B — The annulment of the individual decisions imposing fines on the applicant

C — The amount of the fine

Costs