Keywords
Summary

Keywords

1 . OBJECTION OF ILLEGALITY - MEASURES IN RESPECT OF WHICH SUCH AN OBJECTION MAY BE RAISED - GENERAL DECISIONS OF THE ECSC

( ECSC TREATY , ART . 36 , THIRD PARAGRAPH )

2 . ACTION FOR FAILURE TO ACT - FORMAL NOTICE TO THE INSTITUTION - CONDITIONS - CLEAR AND PRECISE REQUEST

( ECSC TREATY , ART . 35 )

3 . ACTION FOR ANNULMENT - INDIVIDUAL DECISION OF THE ECSC - APPLICATION FOR AN INCREASE IN THE REFERENCE PRODUCTION - REFUSAL RESULTING FROM THE FIXING OF PRODUCTION QUOTAS FOR THE NEXT QUARTER - DECISION ADVERSELY AFFECTING THE APPLICANT - DECISION NOT CONTESTED - PRODUCTION QUOTAS FIXED SUBSEQUENTLY - CONFIRMATORY MEASURE - INADMISSIBILITY ESTABLISHED BY THE COURT OF ITS OWN MOTION

( ECSC TREATY , ART . 33 , SECOND PARAGRAPH )

4 . ACTION FOR DAMAGES - ECSC - DAMAGE CAUSED BY AN INDIVIDUAL DECISION - ADMISSIBILITY - CONDITIONS

( ECSC TREATY , ART . 34 )

Summary

1 . AN APPLICANT MAY STILL , EVEN AFTER THE EXPIRY OF THE PERIOD FOR CHALLENGING A GENERAL DECISION , PLEAD THE ILLEGALITY OF THAT DECISION IN PROCEEDINGS INSTITUTED AGAINST AN INDIVIDUAL DECISION BASED UPON THE GENERAL DECISION .

2 . IF A REQUEST IS TO SET IN MOTION THE PROCEDURE FOR AN ACTION FOR FAILURE TO ACT UNDER ARTICLE 35 OF THE ECSC TREATY , IT MUST BE SUFFICIENTLY CLEAR AND PRECISE TO ENABLE THE COMMISSION TO ASCERTAIN IN SPECIFIC TERMS THE CONTENT OF THE DECISION WHICH IT IS BEING ASKED TO ADOPT . THAT IS NOT THE CASE WHERE A LETTER , WHILST STATING THE PURPOSE OF THE REQUEST , CONTEMPLATES THE POSSIBILITY OF FURTHER DISCUSSIONS WITH THE COMMISSION AND HENCE DOES NOT CLEARLY INDICATE THAT THE COMMISSION IS BEING CALLED UPON TO ADOPT A FORMAL DECISION WITHIN A MANDATORY PERIOD .

3 . SINCE A REQUEST FOR AN INCREASE IN ANNUAL REFERENCE PRODUCTION IN RESPECT OF CERTAIN PRODUCTS AS FROM A GIVEN QUARTER AMOUNTS TO AN APPLICATION FOR ADDITIONAL PRODUCTION QUOTAS , THE COMMISSION DECISION WHICH MUST BE REGARDED AS AN IMPLIED REJECTION OF THAT REQUEST AND WHICH IS THEREFORE CAPABLE OF ADVERSELY AFFECTING THE UNDERTAKING CONCERNED IS THE FIRST DECISION WHICH , AFTER THE SUBMISSION OF THE REQUEST AND WITHOUT TAKING IT INTO ACCOUNT , FIXES THE PRODUCTION QUOTAS FOR THE UNDERTAKING . SINCE THE LATTER DID NOT CHALLENGE THAT DECISION WITHIN THE PERIOD PRESCRIBED FOR THE INITIATION OF PROCEEDINGS , AN APPLICATION DIRECTED AGAINST A SUBSEQUENT DECISION OF THE COMMISSION WHICH , BY FIXING THE PRODUCTION QUOTAS FOR ANOTHER QUARTER WITHOUT TAKING INTO ACCOUNT THE ADJUSTMENT OF THE REFERENCE PRODUCTION SOUGHT , MERELY REAFFIRMS THE FIRST DECISION ' S REFUSAL OF THE REQUEST MUST BE DISMISSED BY THE COURT OF ITS OWN MOTION , INASMUCH AS IT IS NOT DIRECTED AGAINST THE DECISION ADVERSELY AFFECTING THE UNDERTAKING .

4 . IT FOLLOWS FROM ARTICLE 34 OF THE ECSC TREATY THAT AN ACTION FOR COMPENSATION FOR THE DAMAGE ARISING FROM AN INDIVIDUAL DECISION MAY BE BROUGHT BY AN UNDERTAKING ONLY AFTER THE DECISION WHICH ALLEGEDLY CAUSED THE DAMAGE HAS BEEN DECLARED VOID AND AFTER IT HAS BEEN ESTABLISHED THAT THE COMMISSION DOES NOT INTEND TO TAKE THE STEPS NEEDED TO REDRESS THE ILLEGALITY FOUND TO EXIST .