C-41/73
ECLI:EU:C:1973:151
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ORDER OF THE COURT
OF 11 DECEMBER 1973 1
Société anonyme Générale Sucrière and others v Commission of the European Communities
Joined Cases 41/73, 43 to 48/73, 50/73, 111/73, 113/73, 114/73
In Case 41/73
SOCIÉTÉ ANONYME GÉNÉRALE SUCRIÈRE, having its registered office in Paris,
v
COMMISSION OF THE EUROPEAN COMMUNITIES,
in Case 43/73
SOCIÉTÉ DES RAFFINERIES ET SUCRERIES SAY, having its registered office in Paris,
v
COMMISSION OF THE EUROPEAN COMMUNITIES,
in Case 44/73
SOCIÉTÉ F. BÉGHIN, having its registered office at Thumeries (France),
v
COMMISSION OF THE EUROPEAN COMMUNITIES,
in Case 45/73
ZUCCHERIFICIO DEL VOLANO SPA, having its registered office at Genoa,
v
COMMISSION OF THE EUROPEAN COMMUNITIES,
1 — Language of the Case: Italian.
ORDER OF 11. 12. 1973 — JOINED CASES 41/73, 43 to 48/73, 50/73, 111/73, 113/73, 114/73
in Case 46/73
SOCIETÀ AGRICOLA INDUSTRIALE EMILIANA — A.I.E., having its registered office at Bologna, v
COMMISSION OF THE EUROPEAN COMMUNITIES,
in Case 47/73
RAFFINERIE TIRLEMONTOISE S.A., having its registered office in Brussels,
v
COMMISSION OF THE EUROPEAN COMMUNITIES,
in Case 48/73
SOCIÉTÉ ANONYME SUCRES ET DENRÉES, having its registered office in Paris,
v
COMMISSION OF THE EUROPEAN COMMUNITIES,
in Case 50/73
SOCIETÀ S.A.D.A.M., SPA, having its registered office at Bologna,
v
COMMISSION OF THE EUROPEAN COMMUNITIES,
in Case 111/73
CAVARZERE PRODUZIONI INDUSTRIALI SPA, having its registered office at Padua,
v
COMMISSION OF THE EUROPEAN COMMUNITIES,
GÉNÉRALE SUCRIÈRE v COMMISSION
in Case 113/73
SOCIETÀ ITALIANA PER L'INDUSTRIA DEGLI ZUCCHERI SPA, having its registered office in Rome,
v
COMMISSION OF THE EUROPEAN COMMUNITIES,
in Case 114/73
ERIDANIA ZUCCHERIFICI NAZIONALI SPA, having its registered office at Genoa,
v
COMMISSION OF THE EUROPEAN COMMUNITIES,
Facts
By application submitted on 3 August All the applicants in the main actions 1973, the 'Unione Nazionale Consuma have been accused of concerted tori', (National Union of Italian practices with the purpose of protecting Consumers), 'an association not deemed the Italian market (Article 1, paragraph to have legal personality' within the 1, No 1 of the above-mentioned meaning of Article 36 of the Italian Civil Decision), and some of them are accused Code, having its registered office in of other infringements. Rome and hereinafter referred to as the The Commission submits that the 'Union', requested permission to applications in the main actions should intervene in the above Cases in support be dismissed. of the submissions of the Commission, In their observations, submitted on 17 the defendant. (Cases 45 to 47/73), 18 (Cases 50/73) These Cases are concerned with requests and 19 September (other Cases), the for annulment — and, in certain cases, applicants in the main actions either with subsidiary requests for amendment declare that they refer the matter to the — of Decision No 73/109/EEC of the wisdom of the Court (applicants in Commission, of 2 January 1973 (OJ L Cases 41/73, 43/73 and 44/73), or claim 140, p. 17 et seq.), which found that the that the application to intervene should applicants in the main actions and other be dismissed (applicants in the other undertakings were guilty of one or more Cases). infringements of Articles 85 or 86 of the In its observations submitted on 20 EEC Treaty, required them to put an September 1973 the Commission states end to such infringement immediately that it has no objection to the and imposed fines. admissibility of the application.
ORDER OF 11. 12. 1973 — JOINED CASES 41/73, 43 to 48/73, 50/73, 111/73, 113/73, 114/73
Law
1 The Union's application to intervene is concerned with Cases 41/73, 43 to 48/73, 50/73, 111/73, 113/73 and 114/73. The application should be decided by a single Order, in view of the fact that the Union's justification for intervening is identical in all those Cases.
2 Under the terms of Article 37 of the Protocol on the Statute of the Court of Justice of the EEC, the right to intervene in cases before the Court is open, apart from the Member States and institutions of the Community, 'to any other person establishing an interest in the result' of such a case.
3 Pursuant to this provision, bodies not having legal personality may be permitted to intervene if they display the characteristics which are at the foundation of such personality, in particular, the ability, however circumscribed, to undertake autonomous action and to assume liability.
4 It is clear from the Statute of the Union that the latter fulfils these requirements.
5 It follows from Article 2 of the said Statute that the Union has as its especial object 'the representation and protection … of all Italian consumers … in judicial proceedings', where 'the interests of the whole category of consumers or of a considerable part of the latter are in issue', and that it is the Union's intention to 'contribute to the abolition of obstacles imposed by the market and by institutions upon the free competition of producers and traders and upon the free and conscious choice of consumers'.
6 It appears from the Decree No 930 of the President of the Republic of 12 July 1963 (Ordinary Supplement to the Gazzetta Ufficiale No 188 of 15 July 1963, p. 3 et seq.), and from a Decree of the Minister for Agriculture and Forestry of 21 September 1967 (Gazzetta Ufficiale No 68 of 12 March 1968, p. 1582 to 1583), that the Union or its president are called upon to sit on certain committees convened by the Italian Public Authorities and that therefore it exercises the requisite degree of representation.
GÉNÉRALE SUCRIÈRE v COMMISSION
7 Since it is the particular objective of the Union to represent and protect consumers, it can show an interest in the correct application of Community provisions in the field of competition, which not only ensure that the common market operates normally but which also tend to favour consumers.
8 Accordingly the Union has an interest in the solution of the Cases at issue, to the extent that the latter concern the finding that the applicants in the main actions indulged in a concerted practice with the object and effect of protecting the Italian market.
9 Accordingly, the intervention must be permitted insofar as it supports the submissions of the Commission with regard to its finding as to the protection of the Italian market.
On those grounds,
Upon reading the pleadings; Upon hearing the report of the Judge-Rapporteur; Upon hearing the opinion of the Advocate-General; Having regard to Article 85 of the EEC Treaty; Having regard to Article 37 of the Protocol on the Statute of the Court of Justice of the EEC; Having regard to the Rules of Procedure of the Court of Justice of the European Communities, especially Article 93,
THE COURT
composed of: R. Lecourt, President, A. M. Donner and M. Sørensen, Presidents of Chambers, R. Monaco, J. Mertens de Wilmars, P. Pescatore, H. Kutscher (Judge-Rapporteur), C. Ó. Dálaigh and A. J. Mackenzie Stuart, Judges,
Advocate-General: H. Mayras Registrar: A. Van Houtte
hereby orders:
1. The intervention by the Unione Nazionale Consumatori in Cases 41/73, 43 to 48/73, 50/73, 111/73, 113/73 and 114/73 is admissible, insofar as it supports the submissions of the Commissions with regard to its finding as to the protection of the Italian market.
ORDER OF 11. 12. 1973 — JOINED CASES 41/73, 43 to 48/73 , 50/73, 111/73, 113/73, 114/73
2. The Registrar shall ensure that copies of the pleadings are sent to the intervener.
3. A period shall be fixed within which the intervener shall inform the Court in writing of its arguments in support of its submissions.
4. No order is made as to costs.
Luxembourg, 11 December 1973
A. Van Houtte R. Lecourt
Registrar President