JUDGMENT OF 11. 5. 1983 — CASE 244/81 KLÖCKNERWERKE v COMMISSION

In Case 244/81

THE COURT (Fourth Chamber) composed of: A. O'Keeffe, President of Chamber, P. Pescatore, G. Bosco, T. Koopmans and K. Bahlmann, Judges, Advocate General: G. Reischl Registrar: H. A. Rühi, Principal Administrator

gives the following

JUDGMENT

Facts and Issues

I — Facts

II — Written procedure

III — Conclusions of the parties

IV — Submissions and arguments of the parties

A — Main claim

B — Claims in the alternative

V — Oral procedure

Decision

1. Submission alleging the absence of assent from the Council

2. Submission alleging failure to fulfil the duty to guarantee a minimum utilization of productive capacity

3. Submission alleging the failure by the Commission to take account of the effects of unlawful subsidies

4. Submission alleging the substitution by the Commission of delivery quotas in the common market for production quotas, and the setting of export quotas

Costs