C-53/69
ECLI:EU:C:1972:74
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JUDGMENT OF 14.7.1972 — CASE 53/69
prohibited under Article 85(1) of the panies resulting from their separate EEC Treaty, the conduct of the sub legal personality. sidiaries must be imputed to the parent company. 14. The Community administration is not For the purpose of applying the rules bound to include in its decisions all the on competition, unity of conduct on arguments which it might later use in the market as between a parent com response to submissions of illegality pany and its subsidiaries overrides the which might be raised against its formal separation between those com measures.
In Case 53/69
Sandoz AG, a limited liability company governed by Swiss law, having its re gistered office in Basel, assisted and represented by J. J. A. Ellis, Advocate at the Hague, and H. Flad, Advocate of Frankfurt am Main, with an address for service in Luxembourg at the Chambers of J. Loesch, Advocate, 2 rue Goethe,
applicant,
v
Commission of the European Communities, represented by its Legal Advisers, J. Thiesing, G. Marchesini and J. Griesmar, acting as Agents, assisted by Professor W. Van Gerven, with an address for service in Luxembourg at the Chambers of its Legal Adviser, E. Reuter, 4 boulevard Royal, defendant,
Application for the annulment of the Commission Decision of 24 July 1969 published in the Journal Officel L 195 of 7 August 1969, p. 11 et seq., relating to proceedings under Article 85 of the EEC Treaty (IV/26.267—Dyestuffs),
THE COURT,
composed of: R. Lecourt, President, J. Mertens de Wilmars and H. Kutscher, Presidents of Chambers, A. M. Donner, A. Trabucchi (Rapporteur), R. Monaco and P. Pescatore, Judges,
Advocate-General: H. Mayras Registrar: A. Van Houtte
SANDOZ v COMMISSION
gives the following
JUDGMENT
Issues of fact and of law
Text identical to that of the judgment delivered on 14 July 1972 in Case 52/69 (see p. 787)
Grounds of judgment
Text identical to that of the judgment delivered on 14 July 1972 in Case 52/69 (see p. 787)
On those grounds,
Upon reading the pleadings; Upon hearing the report of the Judge-Rapporteur; Upon hearing the parties; Upon hearing the opinion of the Advocate-General; Having regard to the Treaty establishing the European Economic Community, especially Articles 85 and 173; Having regard to Regulation No 17/62 of the Council of 6 February 1962; Having regard to Regulation No 99/63 of the Commission of 25 July 1963; Having regard to the Protocol on the Statute of the Court of Justice of the Euro pean Communities; Having regard to the Rules of Procedure of the Court of Justice of the European Communities,
JUDGMENT OF 14.7.1972 — CASE 53/69
THE COURT
hereby:
1. Dismisses the application;
2. Orders the applicant to bear the costs.
Lecourt Mertens de Wilmars Kutscher
Donner Trabucchi Monaco Pescatore
Delivered in open court in Luxembourg on 14 July 1972.
A. Van Houtte R. Lecourt
Registrar President
OPINION OF MR ADVOCATE-GENERAL MAYRAS
(See Case 48/69, p. 665)