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APPLICATION FOR ANNULMENT - GENERAL DECISION OF THE HIGH AUTHORITY - APPLICANT UNDERTAKINGS AND ASSOCIATIONS OF UNDERTAKINGS - ADMISSIBILITY

( TREATY, ART . 33 )

Summary

FOR AN APPLICATION BY AN UNDERTAKING OR BY AN ASSOCIATION OF UNDERTAKINGS AGAINST A GENERAL DECISION OF THE HIGH AUTHORITY TO BE ADMISSIBLE IT IS ENOUGH FOR THE APPLICANT FORMALLY TO ALLEGE THAT THERE HAS BEEN A MISUSE OF POWERS AFFECTING IT . THE ALLEGATION MUST INDICATE THE REASONS FOR WHICH THE APPLICANT CONSIDERS THAT THERE HAS BEEN A MISUSE OF POWERS AFFECTING IT . IF THE APPLICANT IS AN ASSOCIATION OF UNDERTAKINGS, IT IS SUFFICIENT FOR IT TO CLAIM THAT THERE HAS BEEN A MISUSE OF POWERS AFFECTING ONE OR MORE UNDERTAKINGS WHICH ARE MEMBERS OF THE ASSOCIATION . THE TREATY DOES NOT IMPOSE ANY FURTHER CONDITION FOR AN APPLICATION TO BE ADMISSIBLE SUCH AS, FOR EXAMPLE, PROOF THAT A MISUSE OF POWERS AFFECTING THE APPLICANT HAS ACTUALLY BEEN COMMITTED, SINCE THIS LATTER QUESTION GOES TO THE SUBSTANCE .