Judgment of the Court 30 January 1985

In Case 35/83

THE COURT composed of: Lord Mackenzie Stuart, President, G. Bosco, O. Due and C. Kakouris (Presidents of Chambers), P. Pescatore, T. Koopmans, U. Everling, K. Bahlmann and Y. Galmot, Judges, Advocate General : Sir Gordon Slynn Registrar: H. A. Rühi, Principal Administrator

gives the following

JUDGMENT

Decision

Background to the dispute

Substance

The submission that the Commission failed to apprehend the true meaning of the agreement at issue

The submissions relating to the Commission's alleged incorrect legal classification of the disputed agreement

The submission relating to the non-application of Article 85 (3)

The fine

Costs

1 Language of the Case: German.

2 after hearing the Opinion of the Advocate General delivered at the sitting on 16 October 1984,