Keywords
Summary

Keywords

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1 . LIABILITY OF THE ECSC - FINANCIAL ARRANGEMENTS - EQUALIZATION - NORMAL DISADVANTAGES - ABSENCE OF INJURY

( ECSC TREATY, ARTICLE 40, 53 )

2 . LIABILITY OF THE ECSC - CONDITIONS FOR THE APPLICATION OF ARTICLE 40 - ACTUAL AND SPECIFIC INJURY

3 . LIABILITY OF THE ECSC - WRONGFUL ACT OR OMISSION WITHIN THE MEANING OF ARTICLE 40 - INHERENT DEFECTS IN DECISIONS OF THE HIGH AUTHORITY - LIMITS OF JUDICIAL REVIEW

4 . FINANCIAL ARRANGEMENTS - EQUALIZATION - FINANCING

( ECSC TREATY, ARTICLE 45, 50, 51, 53 )

Summary

1 . THE DISADVANTAGES WHICH ARE BOUND TO BE INHERENT IN THE SYSTEM OF EQUALIZATION ARE NORMAL AND DO NOT AMOUNT TO AN INJURY GIVING RISE TO A CLAIM FOR REPARATION . UNCERTAINTY AS TO THE RATE OF EQUALIZATION, EVEN IF THE AMOUNT APPLICABLE FOR A SINGLE PERIOD HAS BEEN INCREASED BY A CONSIDERABLE AMOUNT, IS REGARDED AS SUCH A DISADVANTAGE PROVIDED THAT EXPERIENCED PRODUCERS HAVE BEEN ABLE TO TAKE THESE INCREASES INTO ACCOUNT IN THEIR ESTIMATES .

2 . AN APPLICATION BASED ON ARTICLE 40 PRESUPPOSES THE EXISTENCE OF A SUBSISTING AND SPECIFIC INJURY .

3 . WHEN AN APPLICATION IS MADE TO THE COURT UNDER ARTICLE 40 OF THE ECSC TREATY ALLEGING A WRONGFUL ACT OR OMISSION BY THE HIGH AUTHORITY, THE COURT CANNOT IN PRINCIPLE TREAT INHERENT DEFECTS IN DECISIONS OF THE HIGH AUTHORITY AS CONSTITUENT ELEMENTS OF THE ALLEGED WRONG .

4 . IF THE HIGH AUTHORITY IS TO AVOID INFRINGING ARTICLES 50 AND 51 OF THE ECSC TREATY AND DISCRIMINATING BETWEEN UNDERTAKINGS SUBJECT TO ITS JURISDICTION, IT CAN ONLY FINANCE EQUALIZATION BY THE LEVY INTRODUCED PURSUANT TO ARTICLE 53 AND THIS METHOD RULES OUT ANY SYSTEM PROVIDING FOR ANY DEFICIT TO BE COVERED BY THE FINANCIAL RESOURCES PROVIDED FOR BY ARTICLE 49 .