C-56/69
ECLI:EU:C:1972:77
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HOECHST v COMMISSION
in the Common Market and of the by consumers to the sources of produc freedom of the consumers to choose tion of the whole Community. their suppliers. 11. Although every producer is free to 10. The function of price competition is to change his prices, taking into account keep prices down to the lowest possible in so doing the present or foreseeable level, and to encourage the movement conduct of his competitors, neverthe of goods between the Member States, less it is contrary to the rules on com thereby permitting the most efficient petition contained in the Treaty for a possible distribution of activities in the producer to cooperate with his com matter of productivity and the capacity petitors, in any way whatsoever, in of undertakings to adapt themselves to order to determine a coordinated change. course of action relating to a movement Independent and non-uniform con of prices and to ensure its success by duct by undertakings in the Common prior elimination of all uncertainty as Market encourages the pursuit of one to each other's conduct regarding the of the basic objectives of the Treaty, essential elements of that action, such namely the interpenetration of national as the amount, subject-matter, date and markets and, as a result, direct access place of such movements.
In Case 56/69
FARBWERKE Hoechst AG, formerly Meister Lucius & Brüning, having its registered office in Frankfurt am Main/Hoechst, assisted and represented by H. Hellmann and K. Pfeiffer, Advocates at Cologne, with an address for service in Luxembourg at the office of E. Graf von Carmer, Counsellor (First Class) at the German Embassy, 20-22 rue de l'Arsenal,
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. Hefermehl, 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 Officiel L 195 of 7 August 1969, p. 11 et seq., relating to proceedings under Article 85 of the EEC Treaty (IV/26.267—Dyestuffs),
JUDGMENT OF 14.7.1972 — CASE 56/69
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. Mayra Registrar: A. Van Houtte
gives the following
JUDGMENT
Issues of fact and of law
Text identical to that of the judgment delivered on 14 July 1972 in Case 55/69 (see p. 887)
Grounds of judgment
Text identical to that of the judgment delivered on 14 July 1972 in Case 55/69 (see p. 887)
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,
HOECHST v COMMISSION
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)