JUDGMENT OF 11. 5. 1983 — JOINED CASES 311/81 AND 30/82 KLÖCKNERWERKE v COMMISSION

In Joined Cases 311/81 and 30/82

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: P. Heim

gives the following

JUDGMENT

Facts and Issues

I — Facts and written procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — First submission

B — Second submission

C — Third submission

D — Fourth submission

E — Fifth submission

IV — 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