Keywords
Summary

Keywords

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1 . INVESTMENTS - INDIVIDUAL PROGRAMMES - OPINION OF THE HIGH AUTHORITY - ABSENCE OF STATEMENT OF REASONS - LEGAL NON-EXISTENCE OF OPINION

2 . INVESTMENTS - INDIVIDUAL PROGRAMMES - OPINION OF THE HIGH AUTHORITY - STATEMENT OF REASONS - REFERENCE INSTEAD OF STATEMENT OF REASONS

3 . INVESTMENTS - INDIVIDUAL PROGRAMMES - OPINION OF THE HIGH AUTHORITY - TIME-LIMIT FOR DELIVERY

4 . INVESTMENTS - INDIVIDUAL PROGRAMMES - OPINION OF THE HIGH AUTHORITY - DELIVERY OUT OF TIME

5 . PROCEDURE - OPINION OF THE HIGH AUTHORITY - OPINION AMOUNTING TO A DECISION - APPLICATION FOR ANNULMENT - ADMISSIBILITY

6 . OPINION OF THE HIGH AUTHORITY - LEGAL NATURE

Summary

UNDER THE FOURTH PARAGRAPH OF ARTICLE 54 OF THE TREATY THE DELIVERY OF AN OPINION ON INVESTMENT PROGRAMMES IS SUBJECT TO CERTAIN REQUIREMENTS . AMONG THE CONDITIONS LAID DOWN BY THE TREATY, SOME ARE MERELY FORMAL REQUIREMENTS; HOWEVER, THE STATEMENT OF REASONS IS AN ESSENTIAL, INDEED CONSTITUENT, PART OF THE OPINION . THE ABSENCE OF A STATEMENT OF REASONS MEANS THAT THE OPINION IS LEGALLY NON-EXISTENT .

( TREATY, ARTICLES 5, 15 AND FOURTH PARAGRAPH OF ARTICLE 54 )

2 . REFERENCE TO THE GENERAL RULES PREVIOUSLY LAID DOWN AND A DECLARATION THAT THEY APPLY TO THE CASE IN QUESTION CONSTITUTES AN ADEQUATE STATEMENT OF REASONS FOR THE OPINION .

( TREATY, ARTICLES 5, 15 AND FOURTH PARAGRAPH OF ARTICLE 54 )

3 . ARTICLE 4 OF DECISION NO 27/55 OF THE HIGH AUTHORITY OF 20 JULY 1955 PROVIDES A TIME - LIMIT ONLY FOR THE SUBMISSION OF INVESTMENT PROPOSALS . THE PRINCIPLES OF SOUND ADMINISTRATION REQUIRE THE OPINION OF THE HIGH AUTHORITY TO BE DELIVERED WITHIN A REASONABLE TIME, NAMELY, BEFORE THE EXPIRY OF THE THREE MONTHS LAID DOWN IN ARTICLE 4 OF DECISION NO 27/55 . A TIME-LIMIT EXPRESSLY RECOGNIZED BY A PUBLIC AUTHORITY MAY NOT BE DISREGARDED .

( TREATY, THIRD AND FOURTH PARAGRAPHS OF ARTICLE 54; DECISION NO 27/55 OF THE HIGH AUTHORITY, ARTICLE 4 )

4 . DELIVERY OF AN OPINION OUT OF TIME DOES NOT AFFECT THE NATURE OF THE ACT .

( TREATY, FOURTH PARAGRAPH OF ARTICLE 54 )

5 . ONLY ACTS OF THE HIGH AUTHORITY WHICH, REGARDLESS OF THEIR FORM, CONSTITUTE DECISIONS OR RECOMMENDATIONS WITHIN THE MEANING OF ARTICLE 14 OF THE TREATY MAY BE THE SUBJECT OF AN APPLICATION FOR ANNULMENT . AN OPINION CONSTITUTES A DISGUISED DECISION WHEN IT LAYS DOWN A RULE CAPABLE OF BEING APPLIED, NAMELY, WHEN THE HIGH AUTHORITY DETERMINES UNEQUIVOCALLY THE POSITION WHICH IT DECIDES TO ADOPT IF CERTAIN CONDITIONS ARE FULFILLED .

6 . AN OPINION CANNOT INVOLVE THE PERSON TO WHOM IT IS ADDRESSED IN ANY LEGAL OBLIGATION; IT IS A MEASURE BY MEANS OF WHICH THE HIGH AUTHORITY EXERCISES ITS FUNCTION OF GIVING GUIDANCE AND CONSTITUTES ADVICE GIVEN TO UNDERTAKINGS . AN OPINION DOES NOT AFFECT THE FREEDOM OF DECISION AND THE RESPONSIBILITY OF UNDERTAKINGS ANY MORE THAN THOSE OF THE HIGH AUTHORITY .