Keywords
Summary

Keywords

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1 . COURT OF JUSTICE - GENERAL JURISDICTION - APPLICATION AND INTERPRETATION OF NATIONAL LAW

( ECSC TREATY, ARTICLE 31 )

2 . VESTED RIGHTS - MAINTENANCE NOT GUARANTEED BY THE LAW OF THE ECSC

3 . AGREEMENTS - AUTHORIZATION - GROUNDS FOR AUTHORIZATION

( ECSC TREATY, ARTICLE 65 ( 2 ))

4 . COAL - SELLING AGENCIES - FIRST-HAND TRADER - UNJUSTIFIED LIMITATION

Summary

1 . THE COURT HAS JURISDICTION OVER THE LEGALITY OF DECISIONS TAKEN BY THE HIGH AUTHORITY, BUT IT IS NOT THE FUNCTION OF THE COURT TO ENSURE RESPECT FOR NATIONAL LAW IN FORCE IN A MEMBER STATE, AND THIS IS TRUE EVEN OF CONSTITUTIONAL LAWS . THEREFORE THE COURT MAY NEITHER INTERPRET NOR APPLY NATIONAL LAW .

2 . COMMUNITY LAW, SUCH AS IT ARISES UNDER THE ECSC TREATY, DOES NOT CONTAIN ANY GENERAL PRINCIPLE, WHETHER EXPLICIT OR OTHERWISE, GUARANTEEING THE MAINTENANCE OF VESTED RIGHTS .

3 . BY ARTICLE 65 ( 2 ), THE HIGH AUTHORITY SHALL AUTHORIZE SPECIALIZATION AGREEMENTS OR JOINT-BUYING OR JOINT-SELLING AGREEMENTS IF IT FINDS THAT THE CONDITIONS SET OUT IN PARAGRAPHS 2 ( A ), ( B ) AND ( C ) ARE FULFILLED . SUCH AUTHORIZATION THEREFORE DEPENDS ON A FINDING WHICH, OF ITS VERY NATURE, COMPRISES AN ASSESSMENT OF THE SITUATION CREATED BY THE FACTS OR ECONOMIC CIRCUMSTANCES, AND FOR THIS REASON IS PARTLY IMMUNE FROM REVIEW BY THIS COURT . THEREFORE THE HIGH AUTHORITY HAS AN ABSOLUTE DUTY TO STATE SPECIFIC REASONS FOR THESE AUTHORIZATIONS AND THIS RULE MUST BE STRICTLY OBSERVED . THOSE REASONS MUST ENABLE THE INTERESTED PARTIES, AS ALSO THE COURT SHOULD OCCASION ARISE, TO CHECK THE INFORMATION ON WHICH THE HIGH AUTHORITY HAS RELIED IN FINDING THAT THE REQUIREMENTS NECESSARY FOR THE GRANTING OF ITS AUTHORIZATION ARE MET SO AS TO BE IN A POSITION TO EXAMINE WHETHER THE AUTHORIZATION WAS RIGHTLY GRANTED AS A MATTER BOTH OF FACT AND OF LAW .

4 . THE ADVANTAGES WHICH THE SELLING AGENCIES MAY DERIVE FROM TRADING WITH THE SMALLEST POSSIBLE NUMBER OF WHOLESALERS DO NOT CONSTITUTE A SUFFICIENT REASON TO JUSTIFY THE RESTRICTION WHICH IS THEREBY IMPOSED ON TRADE, PARTICULARLY SINCE THE VERY PURPOSE FOR WHICH THE SELLING AGENCIES HAVE BEEN CREATED IS TO TAKE AWAY FROM THE MINES THE EFFORT INVOLVED OR ORGANIZING THE SALE OF THEIR PRODUCTS ON A COMMERCIAL BASIS AND THEIR FUNCTION, WHICH IS TO FURNISH WHOLESALERS WITH SUPPLIES, CONSTITUTES THE ESSENTIAL REASON FOR THEIR AUTHORIZED JOINT-SELLING AGREEMENT .