JUDGMENT OF 21. 2. 1984 — JOINED CASES 140, 146, 221 AND 226/82 WALZSTAHL-VEREINIGUNG AND THYSSEN v COMMISSION

In Joined Cases 140, 146, 221 and 226/82

THE COURT, composed of: J. Mertens de Wilmars, President, T. Koopmans, K. Bahlmann and Y. Galmot (Presidents of Chambers), P. Pescatore, Lord Mackenzie Stuart, A. O'Keeffe, G. Bosco, O. Due, U. Everling and C. Kakouris, Judges, Advocate General: P. VerLoren van Themaat, Registrar: H. A. Rühi, Principal Administrator,

gives the following

JUDGMENT

Facts and Issues

I — Legislation applicable

II — Facts and written procedure

III — Conclusions of the parties

IV — Submissions and arguments of the parties

A — Introduction

B — Admissibility

C — Substance

(a) The nature of the interference with competition

(b) The basis of authority

(c) The alleged failure to take account of the fundamental aims of the ECSC Treaty

(d) The alleged breach of the prohibition of discrimination

(e) The submission that the Commission used unlawful means to achieve its aim

V — Question put to the Commission

A. The situation on the market in concrete reinforcing bars

B. Comparison of costs and prices of the various groups of producers of concrete reinforcing bars in the second and third quarters of 1982

C. The financial situation of the various groups

VI — Oral procedure

Decision

Admissibility

Substance

Costs