61973O0041

++++

IN CASE 41/73

SOCIETE ANONYME GENERALE SUCRIERE, HAVING ITS REGISTERED OFFICE IN PARIS,

V

COMMISSION OF THE EUROPEAN COMMUNITIES,

IN CASE 43/73

SOCIETE DES RAFFINERIES ET SUCRERIES SAY, HAVING ITS REGISTERED OFFICE IN PARIS,

V

COMMISSION OF THE EUROPEAN COMMUNITIES,

IN CASE 44/73

SOCIETE F . BEGHIN, 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,

IN CASE 46/73

SOCIETA 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

SOCIETE ANONYME SUCRES ET DENREES, HAVING ITS REGISTERED OFFICE IN PARIS,

V

COMMISSION OF THE EUROPEAN COMMUNITIES,

IN CASE 50/73

SOCIETA 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,

IN CASE 113/73

SOCIETA 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,

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 .

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 .

THE COURT

COMPOSED OF : R . LECOURT, PRESIDENT, A . M . DONNER AND M . SOERENSEN, PRESIDENTS OF CHAMBERS, R . MONACO, J . MERTENS DE WILMARS, P . PESCATORE, H . KUTSCHER ( JUDGE-RAPPORTEUR ), C . O DALAIGH 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 .

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 .