JUDGMENT OF 11. 12. 1980 — CASE 1252/79 LUCCHINI v COMMISSION

In Case 1252/79

THE COURT (Second Chamber) composed of: P. Pescatore, President of Chamber, A. Touffait and O. Due, Judges, Advocate General: F. Capotorti Registrar: H. A. Rühi, Principal Administrator

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 — Submission based on the failure to observe rules of law relating to the application of the Treaty and violation of general principles of law

(a) Alignment in general

(b) Extras for quality

(c) Extras for quantity

(d) The state of necessity in which Lucchini found itself

B — The submission based on the infringement of essential procedural requirements

C — The applicant wonders, finally, how it was possible to accuse it of an infringement of minimum prices as a result of improper alignment when the Commission had abandoned the alignment procedure laid down by the Community rules and why the Commission did not immediately take action as regards the infringement of the rules on alignment.

D — In the further alternative, the applicant requests that the contested decision should be amended and that it should be ordered to pay a nominal fine.

IV — Oral procedure

Decision

The amount of the fine

Costs