J. Nold, Kohlen- und Baustoffgroßhandlung v Commission of the European Communities.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Pescatore
• ECLI: ECLI:EU:C:1974:51
• Date: 14 May 1974
• Docket Number: 4-73
• Celex Number: 61973CJ0004
• Procedure Type: Recurso de anulación - infundado

Avis juridique important

|

61973J0004

Judgment of the Court of 14 May 1974. - J. Nold, Kohlen- und Baustoffgroßhandlung v Commission of the European Communities. - Case 4-73.

European Court reports 1974 Page 00491
Greek special edition Page 00277
Portuguese special edition Page 00283
Spanish special edition Page 00273
Swedish special edition Page 00291
Finnish special edition Page 00293

Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part

Keywords

++++

1 . CONCENTRATION BETWEEN UNDERTAKINGS - MINING COMPANIES - FUELS - TRADING RULES - TERMS OF BUSINESS - WHOLESALERS - RIGHT OF ACCESS TO DIRECT SUPPLIES - AUTHORIZATION

( ECSC TREATY, ARTICLE 66 )

2 . COMMUNITY LAW - GENERAL PRINCIPLES OF LAW - FUNDAMENTAL RIGHTS OF THE PERSON - RESPECT ENSURED BY THE COURT - CONSTITUTIONS OF MEMBER STATES - INTERNATIONAL TREATIES

3 . COMMUNITY LAW - GENERAL PRINCIPLES OF LAW - FUNDAMENTAL RIGHTS OF THE PERSON - RESPECT IN THE COMMUNITY LEGAL ORDER - RIGHT OF OWNERSHIP - FREEDOM TO ENGAGE IN TRADE OR PROFESSION - LIMITATIONS - SOCIAL FUNCTION OF CERTAIN RIGHTS - GENERAL INTEREST OF THE COMMUNITY - INTANGIBLE SUBSTANCE OF RIGHTS

Summary

1 . THE COMMISSION HAS THE RIGHT TO AUTHORIZE TRADING RULES RESTRICTING THE ENTITLEMENT TO DIRECT SUPPLIES OF FUELS ON THE GROUNDS OF THE NEED TO RATIONALIZE DISTRIBUTION, PROVIDED THAT SUCH RULES ARE APPLIED IN A LIKE MANNER TO ALL THE UNDERTAKINGS CONCERNED .

2 . FUNDAMENTAL RIGHTS ARE AN INTEGRAL PART OF THE GENERAL PRINCIPLES OF LAW THE OBSERVANCE OF WHICH THE COURT ENSURES .

IN SAFEGUARDING THESE RIGHTS THE COURT IS BOUND TO DRAW INSPIRATION FROM THE CONSTITUTIONAL TRADITIONS COMMON TO THE MEMBER STATES AND CANNOT UPHOLD MEASURES WHICH ARE INCOMPATIBLE WITH THE FUNDAMENTAL RIGHTS ESTABLISHED AND GUARANTEED BY THE CONSTITUTIONS OF THESE STATES .

SIMILARLY, INTERNATIONAL TREATIES FOR THE PROTECTION OF HUMAN RIGHTS, ON WHICH THE MEMBER STATES HAVE COLLABORATED OR OF WHICH THEY ARE SIGNATORIES, CAN SUPPLY GUIDELINES WHICH SHOULD BE FOLLOWED WITHIN THE FRAMEWORK OF COMMUNITY LAW .

3 . IF RIGHTS OF OWNERSHIP ARE PROTECTED BY THE CONSTITUTIONAL LAWS OF ALL THE MEMBER STATES AND IF SIMILAR GUARANTEES ARE GIVEN IN RESPECT OF THEIR RIGHT FREELY TO CHOOSE AND PRACTICE THEIR TRADE OR PROFESSION, THE RIGHTS THEREBY GRANTED, FAR FROM CONSTITUTING UNFETTERED PREROGATIVES, MUST BE VIEWED IN THE LIGHT OF THE SOCIAL FUNCTION OF THE PROPERTY AND ACTIVITIES PROTECTED THEREUNDER .

FOR THIS REASON, RIGHTS OF THIS NATURE ARE PROTECTED BY LAW SUBJECT ALWAYS TO RESTRICTIONS LAID DOWN IN ACCORDANCE WITH THE PUBLIC INTEREST .

WITHIN THE COMMUNITY LEGAL ORDER IT LIKEWISE SEEMS LEGITIMATE THAT THESE RIGHTS SHOULD, IF NECESSARY, BE SUBJECT TO CERTAIN LIMITS JUSTIFIED BY THE OVERALL OBJECTIVES PURSUED BY THE COMMUNITY, ON CONDITION THAT THE SUBSTANCE OF THESE RIGHTS IS LEFT UNTOUCHED .

THE ABOVE GUARANTEES CAN IN NO RESPECT BE EXTENDED TO PROTECT MERE COMMERCIAL INTERESTS OR OPPORTUNITIES, THE UNCERTAINTIES OF WHICH ARE PART OF THE VERY ESSENCE OF ECONOMIC ACTIVITY .

Parties

IN CASE 4/73

J . NOLD, KOHLEN - UND BAUSTOFFGROSSHANDLUNG, A LIMITED PARTNERSHIP GOVERNED BY GERMAN LAW, HAVING ITS REGISTERED OFFICE IN DARMSTADT, REPRESENTED BY MANFRED LUETKEHAUS, ADVOCATE OF THE ESSEN BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ANDRE ELVINGER, 84 GRAND-RUE APPLICANT,

V

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER, DIETER OLDEKOP, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICES OF ITS LEGAL ADVISER, PIERRE LAMOUREUX, 4 BOULEVARD ROYAL DEFENDANT,

SUPPORTED BY

RUHRKOHLE AKTIENGESELLSCHAFT, A LIMITED COMPANY HAVING ITS REGISTERED OFFICE IN ESSEN

AND

RUHRKOHLE VERKAUFS-GESELLSCHAFT MBH, A PRIVATE LIMITED COMPANY HAVING ITS REGISTERED OFFICE IN ESSEN, REPRESENTED BY OTFRIED LIEBERKNECHT, ADVOCATE OF THE DUESSELDORF BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ALEX BONN, 22 COTE D'EICH, INTERVENERS

Subject of the case

APPLICATION FOR ANNULMENT OF THE DECISION OF THE COMMISSION OF 21 DECEMBER 1972, AUTHORIZING NEW TERMS OF BUSINESS OF RUHRKOHLE AG,

Grounds

1 BY APPLICATION LODGED ON 31 JANUARY 1973, THE UNDERTAKING J . NOLD, A LIMITED PARTNERSHIP CARRYING ON A WHOLESALE COAL AND CONSTRUCTION MATERIALS' BUSINESS IN DARMSTADT, REQUESTED - IN THE FINAL VERSION OF ITS CONCLUSIONS - THAT THE COURT SHOULD ANNUL THE COMMISSION'S DECISION OF 21 DECEMBER 1972 AUTHORIZING NEW TERMS OF BUSINESS OF RUHRKOHLE AG ( OJ 1973, L 120, P . 14 ) AND, AS A SUBSIDIARY MATTER, THAT IT SHOULD DECLARE THAT DECISION NULL AND INAPPLICABLE INSOFAR AS IT RELATES TO THE APPLICANT .

THE APPLICANT OBJECTS ESSENTIALLY TO THE FACT THAT THE DECISION AUTHORIZED THE RUHR COAL SELLING AGENCY TO RENDER DIRECT SUPPLIES OF COAL SUBJECT TO THE CONCLUSION OF FIXED TWO-YEAR CONTRACTS STIPULATING THE PURCHASE OF AT LEAST 6 000 METRIC TONS PER ANNUM FOR THE DOMESTIC AND SMALL-CONSUMER SECTOR, A QUANTITY WHICH GREATLY EXCEEDS ITS ANNUAL SALES IN THIS SECTOR, AND THAT THE DECISION THEREBY WITHDREW ITS STATUS OF DIRECT WHOLESALER .

AS TO ADMISSIBILITY

2 THE COMMISSION HAS NOT CONTESTED THE ADMISSIBILITY OF THE APPLICATION .

ON THE OTHER HAND, RUHRKOHLE AG AND RUHRKOHLE-VERKAUF GMBH, THE INTERVENERS, HAVE CONTENDED THAT THE ACTION IS INADMISSIBLE ON THE GROUND THAT THE APPLICANT LACKS A LEGAL INTEREST .

...