JUDGMENT OF 29. 10. 1980 — CASE 139/79 MAIZENA v COUNCIL

In Case 139/79

THE COURT composed of: H. Kutscher, President, P. Pescatore and T. Koopmans, (Presidents of Chambers), J. Mertens de Wilmars, Lord Mackenzie Stuart, A. O'Keeffe, G. Bosco, A. Touffait and O. Due, Judges, Advocate General: G. Reischl Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and issues

I — Facts and procedure

A — History of the adoption of Council Regulation No 1293/79

B — Regulation No 1293/79

ANNEX II

C — The course of procedure and the events relating thereto

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — Admissibility of the application

B — The merits of the application

1. Breach by the system of quotas for isoglucose of certain fundamental principles of the law on competition and of Articles 39 to 46 of the EEC Treaty

2. Breach of the principle of proportionality

3. The quota system breaches the principle of equal treatment

C — Infringement of essential procedural requirements

1. Time-limit

2. The nature of the consultation

3. The procedure of consultation

4. The position of the Council

IV — Oral procedure

Decision

Admissibility of the application

Admissibility of the Parliament's intervention

Breach of the principles of the right of competition

Breach of the principle of proportionality

Alleged discrimination against isoglucose manufacturers vis-à-vis sugar manufacturers

Discrimination as between isoglucose manufacturers

Error in calculating the applicant's quota

Infringement of essential procedural requirements

Costs