Keywords
Summary

Keywords

++++

1 . PROCEDURE - APPLICATION FOR ANNULMENT - DECISIONS OF THE HIGH AUTHORITY - INDIVIDUAL CHARACTER

2 . APPLICATION FOR ANNULMENT - CLAIM MADE OUT OF TIME - INADMISSIBILITY

3 . DECISIONS OF THE HIGH AUTHORITY - OBLIGATION TO GIVE REASONS - CONSIDERATION OF THE COURT'S OWN MOTION

4 . DECISIONS OF THE HIGH AUTHORITY - INSUFFICIENT REASONS - INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT

Summary

1 . ( A ) A DECISION BY WHICH THE HIGH AUTHORITY AUTHORIZES COMMERCIAL RULES AND OTHER AGREEMENTS SUBMITTED TO IT AND THUS GIVES A RULING ON THE LEGAL VALIDITY OF ACTUAL DECISIONS TAKEN BY INDIVIDUAL UNDERTAKINGS IS INDIVIDUAL WITH REGARD TO THE UNDERTAKINGS WHICH IT CONCERNS . A DECISION WHICH IS PARTICULAR TO UNDERTAKINGS TO WHICH IT IS ADDRESSED CANNOT AT THE SAME TIME BE REGARDED WITH REGARD TO THIRD PARTIES . ( B ) GENERAL DECISIONS ARE QUASI-LEGISLATIVE MEASURES WHICH ISSUE FROM A PUBLIC AUTHORITY AND HAVE A LEGISLATIVE EFFECT ERGA OMNES . WHERE THE HIGH AUTHORITY AUTHORIZES JOINT-SELLING AND JOINT-BUYING AGREEMENTS SIMPLY ON THE BASIS OF ARTICLE 65 ( 2 ) AND IN DEROGATION OF THE GENERAL PROHIBITION CONTAINED IN ARTICLE 65 ( 1 ) IT IS TAKING AN INDIVIDUAL DECISION . AGREEMENTS MADE BY PRIVATE UNDERTAKINGS WHICH HAVE ONLY BEEN AUTHORIZED BY THE HIGH AUTHORITY DO NOT LOSE THEIR CHARACTER AS ACTS OF PRIVATE LAW . AS A RESULT THEIR AUTHORIZATION CANNOT BE REGARDED AS A QUASI-LEGISLATIVE MEASURE TAKEN BY THE PUBLIC AUTHORITY IN THE EXERCISE OF ITS POWER TO ADOPT PROVISIONS BINDING GENERALLY ( ARTICLES 33 AND 65 ( 2 ) OF THE ECSC TREATY ).

2 . ARTICLE 22 OF THE STATUTE OF THE COURT OF JUSTICE OF THE ECSC AND ARTICLE 29 ( 3 ) OF THE RULES OF PROCEDURE PROVIDE THAT THE ORIGINATING APPLICATION MUST CONTAIN A BRIEF STATEMENT OF THE GROUNDS ON WHICH THE APPLICATION IS BASED . THESE PROVISIONS LEAD TO THE INADMISSIBILITY OF GROUNDS WHICH HAVE NOT BEEN STATED IN THE APPLICATION .

3 . THE OBJECT OF THE OBLIGATION TO GIVE REASONS WHICH ARTICLE 15 OF THE ECSC TREATY IMPOSED ON THE HIGH AUTHORITY IS NOT ONLY THE PROTECTION OF PARTIES BUT ALSO TO ENABLE THE COURT TO EXAMINE THE DECISIONS FULLY FROM THE LEGAL POINT OF VIEW AS IS REQUIRED BY THE TREATY . AS A RESULT THE COURT MAY AND MUST OF ITS OWN MOTION TAKE EXCEPTION TO ANY DEFICIENCIES IN THE REASONS WHICH WOULD MAKE THIS EXAMINATION MORE DIFFICULT ( ARTICLE 15 OF THE ECSC TREATY ).

4 . WHERE THE GROUNDS OF CONTESTED DECISIONS DO NOT EITHER THEMSELVES OR BY REFERENCE TO PREVIOUS DECISIONS ADEQUATELY INDICATE THE FACTS AND LAW ON WHICH THEY ARE BASED THEY DO NOT ALLOW THE COURT TO CHECK THEM AND IN PARTICULAR ASCERTAIN WHETHER THE HIGH AUTHORITY HAS FULLY OBSERVED ARTICLE 65 ( 2 ). SUCH DECISIONS THUS INFRINGE ARTICLE 15 OF THE ECSC TREATY . INSUFFICIENT GROUNDS ARE EQUIVALENT TO LACK OF GROUNDS ( ARTICLES 15 AND 65 ( 2 ) OF THE ECSC TREATY ).