Keywords
Summary

Keywords

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1 . TRANSPORT - PRINCIPLE OF NON-DISCRIMINATION - DIRECT APPLICABILITY

( ECSC TREATY, ARTICLE 70 )

2 . TRANSPORT - PRINCIPLE OF NON-DISCRIMINATION - CONCEPT OF COMPARABILITY

( ECSC TREATY, ARTICLE 70 )

3 . DISCRIMINATION - CONCEPT - EXISTENCE OF DAMAGE NOT PART OF THE CONCEPT - MERE INDICATION

4 . TRANSPORT - SPECIAL INTERNAL RATES AND CONDITIONS - CRITERIA

( ECSC TREATY, ARTICLE 70 )

5 . TRANSPORT - SPECIAL INTERNAL RATES AND CONDITIONS - ADVERSE EFFECT - ABSENCE - AUTHORIZATION NOT JUSTIFIED

( ECSC TREATY, ARTICLES 2, 3, 70 )

6 . TRANSPORT - SPECIAL INTERNAL RATES AND CONDITIONS - EXCEPTIONAL NATURE - CIRCUMSTANCES JUSTIFYING APPROVAL

( ECSC TREATY, ARTICLE 70 )

7 . DECISIONS - STATEMENT OF REASONS

( ECSC TREATY, ARTICLE 15 )

Summary

1 . IT APPEARS DIRECTLY FROM ARTICLE 4 AND FROM THE CONTEXT OF ARTICLE 70 THAT THE FIRST PARAGRAPH OF THE LATTER PROVISION IMPOSES - BOTH ON THE STATES AND ON THE HIGH AUTHORITY - A SUBSTANTIVE AND BINDING RULE REQUIRING THE APPLICATION OF ITS PROVISIONS .

2 . THE CASE OF DISCRIMINATION COVERED BY THE FIRST PARAGRAPH OF ARTICLE 70 REFERS EXCLUSIVELY TO CONDITIONS OF TRANSPORT AND THEREFORE TO THE COMPARABILITY OF DIFFERENT ROUTES AND LOCATIONS FROM THE POINT OF VIEW OF TRANSPORT .

3 . DAMAGE CAUSED BY DISCRIMINATION MAY BE CONSIDERED AS A CONSEQUENCE BY WHICH THAT DISCRIMINATION MAY BE DETECTED . IT IS NOT HOWEVER IMPLIED BY DEFINITION IN THE CONCEPT OF DISCRIMINATION, THE MEANING OF THAT CONCEPT BEING PRIMARILY THAT UNEQUAL CONDITIONS ARE LAID DOWN FOR COMPARABLE CASES .

4 . SPECIAL RATES AND CONDITIONS WITHIN THE MEANING OF THE FOURTH PARAGRAPH OF ARTICLE 70 ARE NOT ONLY THOSE ADOPTED IN THE INTEREST OF UNDERTAKINGS, BUT ALSO THOSE WHICH ARE ADVANTAGEOUS TO THEM . THEREFORE EVEN REASONS FOR THE ADOPTION OF SPECIAL RATES AND CONDITIONS WHICH ARE ENTIRELY FOREIGN TO THE INTERESTS OF AN UNDERTAKING DERIVING AN ADVANTAGE CANNOT EXCLUDE OR RESTRICT THE APPLICATION OF THE ABOVEMENTIONED PROVISION .

5 . THE ADVERSE EFFECT ON THE PROFITABILITY OF AN UNDERTAKING OF THE LACK OF SPECIAL RATES AND CONDITIONS DOES NOT RENDER THOSE RATES AND CONDITIONS CONSONANT WITH THE PRINCIPLES OF THE TREATY AND THEREFORE DOES NOT, IN CASES WHERE THE FOURTH PARAGRAPH OF ARTICLE 70 APPLIES, PUT THE HIGH AUTHORITY UNDER AN OBLIGATION BASED ON ARTICLES 2 AND 3 .

6 . A PROTECTIVE RATE IS COMPATIBLE WITH THE TREATY ONLY IN EXCEPTIONAL CASES, NOTABLY WHERE THE UNDERTAKING RECEIVING ASSISTANCE IS EXPERIENCING DISADVANTAGES CREATED BY FACTORS OTHER THAN THOSE OF AN ECONOMIC NATURE; SUCH A RATE IS LEGITIMATE ONLY IN SO FAR AS IT IS NECESSARY IN ORDER TO ENABLE THE UNDERTAKING TO ADAPT ITSELF TO NEW CONDITIONS OR TO SURVIVE AN ACCIDENTAL DISADVANTAGE .

7 . IN GIVING REASONS FOR ITS DECISIONS, THE HIGH AUTHORITY MAY CONFINE ITSELF TO CONSIDERING THE CONCRETE CASES WHICH ARE SUBMITTED TO IT AND TO EXPLAINING ITS INTERPRETATION OF THE TREATY IN A POSITIVE MANNER . IN NO WAY IS IT REQUIRED TO REJECT OR TO CRITICIZE OTHER POSSIBLE INTERPRETATIONS, AND ITS FUNCTIONS DO NOT INCLUDE THE ELABORATION OF GENERAL THEORIES ON THE MATTERS COVERED BY THE TREATY .