Holtz & Willemsen GmbH v Council of the European Communities (134/73)

Judgment of 15 Jan 1974

law://eu/cjeu/1973/c-134-73/para_1@2026-11-15

1.By its Regulation No 136/66/EEC of 22 September 1966 (OJ L 172 of 30 September 1966, p. 3025), the Council established a common organization of the market in oils and fats which applies inter alia to the products which are the subject of the present dispute, colza and rape seed and the oils produced from these products.An additional subsidy was set up for colza and rape seed processed in Italy by Regulation No 876/67/EEC of the Council of 20 November 1967 (OJ L 281 of 21 November 1967, p. 7), for the 1967/69 marketing year. This subsidy was continued from that time on and, recently, extended to the 1972/73 marketing year by Regulation No 1336/72 of the Council of 27 June 1972 (OJ L 147 of 29 June 1972, p. 7) a piece of legislation which the applicant contests, and to the 1973/74 marketing year by Regulation No 1357/73 of the Council of 15 May 1973 (OJ L 141 of 28 May 1973, p. 30). To justify the additional subsidy the Council in the preamble to Regulation No 876/67 considered that ‘certain difficulties (had) been encountered in Italy in the oil seed crushing industry’ and, of late, that ‘an examination of the causes of these difficulties and of production conditions in the Community (showed), account being taken of the development prospects of the market in seeds, that the additional subsidy should be maintained for the 1972/73 marketing year, but at a different rate’.

Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.

Key facts

Court: Court of Justice · Full Court
Case: 134/73 · ECLI:EU:C:1974:1
Decided: 15 Jan 1974
Procedure: Action for failure to act
Applicant: HOLTZ & WILLEMSEN, GmbH, Krefeld-Uerdingen (Federal Republic of Germany), represented by its directors Helmut Reffelt and Manfred Leser, having as its agents ad litem Messrs. Modest and partners, of the Hamburg Bar, and having chosen its address for service in Luxembourg at the chambers of Mr Félicien Jansen, bailiff, 21, rue Aldringen
Defendants: COUNCIL OF THE EUROPEAN COMMUNITIES, represented by its Legal Adviser Daniel Vignes and having chosen its address for service in Luxembourg at the offices of J. N. van den Houten, Director of the Legal Service of the European Investment Bank, 2 place de Metz; and; COMMISSION OF THE EUROPEAN COMMUNITIES, represented by its Legal Adviser Peter Kalbe and having chosen its address for service in Luxembourg at the office of Pierre Lamoureux, Legal Adviser of the Commission of the European Communities, 4 boulevard Royal
Rapporteur: C. Ó Dálaigh Dálaigh
Advocate General: Reischl
Bench: 7 judges
A. M. Donner, M. Sørensen, R. Monaco, J. Mertens de Wilmars, P. Pescatore, H. Kutscher, C. Ó Dálaigh Dálaigh
Language: German
Official: CURIA · EUR-Lex 61973CJ0134

Topics

Common organisation of the markets

History · 1 version

15 Jan 1974Reading

Connections

See on a map

Cited by 4: Ladbroke Racing Ltd v Commission of the European Communities (T-32/93)2 provisions; Ireks-Arkady GmbH v Council and Commission of the European Communities (238/78); Granaria BV v Council and Commission of the European Communities (90/78); Holtz & Willemsen GmbH v Council and Commission of the European Communities (153/73)2 provisions
Cites 5: Treaty on the Functioning of the European Union (consolidated 2016)2 provisions; Regulation (EEC) No 1336/72 of the Council of 27 June 1972 amending Regulation No 876/67/EEC introducing an additional subsidy for colza and rape seed processed in Italy; Regulation No 136/66/EEC of the Council of 22 September 1966 on the establishment of a common organisation of the market in oils and fats; Regulation (EEC) No 1357/73 of the Council of 15 May 1973 amending Regulation No 876/67/EEC introducing an additional subsidy for colza and rape seed processed in Italy; law://eu/reg/1967/876