Keywords
Summary

Keywords

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1 . AGREEMENTS - AUTHORIZATION - REASONS THEREFORE

( ECSC TREATY, ARTICLE 65 )

2 . AGREEMENTS - AUTHORIZATION - CONSIDERATION OF CONFORMITY OF SUCH AGREEMENTS WITH THE ECSC TREATY - CRITERIA

( ECSC TREATY, ARTICLE 65 )

3 . AGREEMENTS - CONDITIONAL AUTHORIZATION - CONCEPT AND LIMITS

( ECSC TREATY, ARTICLE 65 )

4 . COMMUNITY INSTITUTIONS - ADMINISTRATIVE DEPARTMENTS - ABSENCE OF POWER TO TAKE DECISIONS

5 . AGREEMENTS - AUTHORIZATION - SCOPE OF THE AGREEMENTS TO BE AUTHORIZED AS A CRITERION ( ECSC TREATY, ARTICLE 65 )

Summary

1 . IN THE AUTHORIZATION OF AGREEMENTS, THE REASONS GIVEN FOR THE DECISIONS MUST ENABLE THE NATURE OF THE AGREEMENTS AUTHORIZED TO BE ASSESSED HAVING REGARD TO THE REQUIREMENTS OF THE TREATY . TO THIS END, IT IS SUFFICIENT THAT THE AUTHORIZATION DECISIONS SET OUT THE ESSENTIAL FEATURES OF THE AGREEMENTS TO WHICH THEY REFER .

2 . THE HIGH AUTHORITY'S CONSIDERATION WITH REGARD TO THE CONFORMITY OF SUCH AN AGREEMENT WITH THE ECSC TREATY WHICH IS NECESSARY BEFORE ANY AUTHORIZATION BE MADE, CONSISTS ABOVE ALL OF A COMPARISON OF THE CONTENT OF THE AGREEMENTS WITH THE AUTHORIZED OBJECTIVES . IN THIS RESPECT, THE SIGNIFICANCE AND SCOPE OF THE VARIOUS CLAUSES OF THE AGREEMENT MAY BE DETERMINED, NOT BY CONSIDERING EACH CLAUSE IN ISOLATION, BUT BY A GENERAL CONSIDERATION OF THE AGREEMENT AS A WHOLE, SINCE THE HIGH AUTHORITY IS NOT OBLIGED TO GIVE THE REASONS FOR WHICH THE PROVISIONS OF ARTICLE 65 ( 2 ) ARE NOT INFRINGED BY EACH INDIVIDUAL CLAUSE .

3 . THE HIGH AUTHORITY CANNOT BE DENIED THE RIGHT TO APPROVE AN AGREEMENT IF IT FINDS THAT, AS A RESULT OF CERTAIN CONDITIONS IMPOSED ON THE PARTIES CONCERNED, THE CONSEQUENCES OF THAT AGREEMENT ARE NOT PROHIBITED BY ARTICLE 65 . IN GRANTING SUCH AN AUTHORIZATION THE HIGH AUTHORITY MAY IMPOSE ANY CONDITIONS WHICH IT CONSIDERS NECESSARY HAVING REGARD TO THE NATURE AND IMPORTANCE OF THE AGREEMENTS AUTHORIZED, IN ORDER TO ENSURE OBSERVANCE OF THE REQUIREMENTS OF ARTICLE 65 ( 2 ) FOR THE WHOLE PERIOD OF THE AUTHORIZATION . HERE THE HIGH AUTHORITY HAS THE RIGHT TO EXERCISE SUPERVISION IN THE FORM OF SUPPLEMENTARY STATEMENTS AND AUTHORIZATIONS, WHICH MAY, IF NECESSARY, TAKE THE FORM OF THE ADOPTION OF POLICIES AS A PRELIMINARY TO CERTAIN MEASURES AMENDING THE CONTENT OF THE AGREEMENTS AUTHORIZED . THE LIMITS OF THE HIGH AUTHORITY'S POWER ARE TO BE FOUND BOTH IN THE PURPOSE FOR WHICH IT MUST BE EXERCISED AND IN THE GENERAL PRINCIPLES OF THE TREATY .

4 . THE DEPARTMENTS OF THE HIGH AUTHORITY HAVE NO SEPARATE CAPACITY AND MAY ONLY ACT UNDER ITS RESPONSIBILITY .

5 . THE SCOPE OF AN AGREEMENT ONLY ACQUIRES SIGNIFICANCE IN RELATION TO THE REQUIREMENTS OF ARTICLE 65 ( 2 ) IF IT IS CONSIDERED BOTH IN RELATION TO THE SIZE OF THE MARKET AND TO THE SIZE OF THOSE ECONOMIC BODIES OPERATING IN THIS MARKET WHICH ARE THE ACTUAL OR POTENTIAL COMPETITORS OF THE PARTIES TO THE AGREEMENT .