JUDGMENT OF 16. 5. 1984 — CASE 9/83 EISEN UND METALL AKTIENGESELLSCHAFT / COMMISSION

In Case 9/83

THE COURT (Fourth Chamber) composed of: T. Koopmans, President of Chamber, K. Bahlmann, P. Pescatore, A. O'Keeffe and G. Bosco, Judges, Advocate General : P. VerLoren van Themaat Registrar: P. Heim

gives the following

JUDGMENT

Facts and Issues

I — Facts and written procedure

1. Legal background

2. Facts

3. Procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — Infringement of essential procedural requirements

(a) Failure to comply with the obligation to provide a statement of the reasons on which the decision was based

(b) Infringement of Article 15 of Decision No 1836/81

(c) Infringement of the rights of the defence and in particular of the right to a fair hearing

B — Infringement of the ECSC Treaty and of the rules of law relating to its application

(a) Infringement of Article 15 of the ECSC Treaty

(b) Infringement of Articles 47 and 36 of the ECSC Treaty and of Articles 11 and 14 of Decision No 1836/81

(c) Breach of the general principle that a decision may not be based on obvious mistakes or be contradictory or illogical

C — Misuse of powers

IV — Oral procedure

Decision

Costs