Заключения

OPINION OF MR ADVOCATE-GENERAL ROEMER ( 1 ) Summary Page Page A — Facts I — Particulars of the action II — Applicant's status and its representation in the action III — The history and content of the contested decisions IV — Conclusions of parties V — General view of the submissions and arguments of the parties B — Legal discussions I — Admissibility of the application 1. Regularity of the bringing of the action: necessity for an advocate 2. Applicant's capacity; representation of the applicant 3. Right of trading undertakings to bring actions 4. The contesting of several decisions in one action 5. Merits of the action; the legal interest of the applicant II — Nature of the contested decisions 1. Decisions Nos 16 to 18/57 2. Decision No 19/57 III — Mention of the claims in the statement of claim IV — Consideration of the submissions 1. Decisions Nos 16 to 18/57 (a) Misuse of powers Pursuit of the objectives of Article 65 Disregard of the special position of existing wholesalers Disregard of coal tonnages Disregard of the possibility of making deliveries direct to industrial consumers (b) The plaintiffs remaining submissions 2. Decision No 19/57 (a) Interpretation of the conclusions (b) Misuse of powers and infringement of the Treaty as a result of the restriction of admission to the Oberrheinische Kohlenunion (c) Infringement of the provision on competition (d) Infringement of German constitutional law (e) Infringement of an essential procedural requirement C — Conclusion Mr President, Members of ... Прочетете още