Keywords
Summary

Keywords

1 . MEASURES ADOPTED TY THE INSTITUTIONS - OBLIGATION TO PROVIDE A STATEMENT OF REASONS - PURPOSE - SCOPE - INDIVIDUAL DECISIONS

2 . ECSC - PRICES - ALIGNMENT - INFRINGEMENT - CONCESSION BY THE AUTHORITIES - JUSTIFICATION - NONE

( ECSC TREATY , ART . 60 )

Summary

1 . THE PURPOSE OF THE OBLIGATION TO STATE THE REASON ON WHICH AN INDIVIDUAL DECISION IS BASED IS TO ENABLE THE COURT TO REVIEW THE LEGALITY OF THE DECISION AND TO PROVIDE THE PERSON CONCERNED WITH SUFFICIENT INFORMATION TO MAKE IT POSSIBLE TO ASCERTAIN WHETHER THE DECISION IS WELL FOUNDED OR WHETHER IT IS VITIATED BY A DEFECT WHICH MAY PERMIT ITS LEGALITY TO BE CONTESTED .

THE EXTENT OF THE OBLIGATION TO STATE REASONS DEPENDS ON THE NATURE OF THE MEASURE IN QUESTION AND ON THE CONTEXT IN WHICH IT WAS ADOPTED .

2.EVEN ON THE ASSUMPTION THAT THERE WAS A PERIOD IN WHICH THE COMMISSION MAY TO SOME EXTENT HAVE SHOWN A CERTAIN LAXITY TOWARDS ALIGNMENT , A CONCESSION ON THE PART OF THE AUTHORITIES CANNOT MAKE AN INFRINGEMENT OF THE PRICING SYSTEM PROVIDED FOR BY ARTICLE 60 OF THE ECSC TREATY LEGITIMATE .