Keywords
Summary

Keywords

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1 . PROCEDURE - FAILURE TO ACT ON THE PART OF THE COMMISSION - RAISING THE MATTER - OBSERVANCE OF REASONABLE PERIOD

( ECSC TREATY, ARTICLE 35 )

2 . ECSC - GENERAL PROVISIONS - OBLIGATIONS OF MEMBER STATES - INFRINGEMENT OF THE TREATY BY A MEMBER STATE - USE BY ANOTHER MEMBER STATE OF THE PROCEDURES LAID DOWN BY THE TREATY - LIMITATION IN TIME

( ECSC TREATY, ARTICLE 86 )

Summary

1 . IT FOLLOWS FROM THE COMMON PURPOSE OF ARTICLES 33 AND 35 THAT THE REQUIREMENTS OF LEGAL CERTAINTY AND OF THE CONTINUITY OF COMMUNITY ACTION UNDERLYING THE TIME-LIMITS FOR BRINGING PROCEEDINGS LAID DOWN IN ARTICLE 33 MUST ALSO BE TAKEN INTO ACCOUNT - HAVING REGARD TO THE SPECIAL DIFFICULTIES WHICH THE SILENCE OF THE COMPETENT AUTHORITIES MAY INVOLVE FOR THE INTERESTED PARTIES - IN THE EXERCISE OF THE RIGHTS CONFERRED BY ARTICLE 35 . WHERE THE COMMISSION FAILS TO ACT THE INTERESTED PARTIES ARE THEREFORE BOUND TO RAISE THE MATTER WITH THE COMMISSION WITHIN A REASONABLE PERIOD . THIS IS SO A FORTIORI ONCE IT IS CLEAR THAT THE COMMISSION HAS DECIDED TO TAKE NO ACTION .

2 . THE DUTY OF COOPERATION IMPOSED ON MEMBER STATES BY ARTICLES 86 MUST PROMPT A MEMBER STATE WHICH CONSIDERS THAT A MEASURE ADOPTED BY ANOTHER MEMBER STATE IS CONTRARY TO THE TREATY TO RESORT TO THE PROCEDURES OR MEANS OF LEGAL ACTION PLACED AT ITS DISPOSAL BY THE TREATY IN SUFFICIENT TIME TO ENSURE THAT EFFECTIVE INTERVENTION IS STILL POSSIBLE AND THAT THE POSITION OF THIRD PARTIES IS NOT NEEDLESSLY CALLED IN ISSUE .