Keywords
Summary

Keywords

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1 . LEGAL PROCEEDINGS - ADMISSIBILITY - DECISION - CONCEPT

2 . PRODUCTS - STEEL - CONCEPT OF " PIG IRON "

3 . PRODUCTION, PRODUCT - CONCEPT

4 . UNDERTAKINGS - FOUNDRIES ENGAGED IN PRE-MELT

5 . DISCRIMINATION - CONCEPT - POSSIBILITY OF TREATING THE VARIOUS INTERESTED PARTIES ON THE SAME FOOTING AND DUTY TO DO SO - CHARGES IMPOSED BY THE HIGH AUTHORITY

6 . DISCRIMINATION - COMPARABLE SITUATIONS - EXEMPTIONS GRANTED WITHIN THE FRAMEWORK OF FINANCIAL ARRANGEMENTS - INTEGRATED AND INDEPENDENT STEEL FOUNDRIES; FOUNDRIES ENGAGED IN PRE-MELT AND FOUNDRIES ENGAGED IN MELT - IMPORTANCE OF THE RAW MATERIALS USED AND OF THE PRODUCTION PLANT

7 . COMMON MARKET - CONCEPT OF COMMON INTEREST - ADVERSE EFFECT ON THE NORMAL CONDITIONS OF COMPETITION

8 . SPECIAL CHARGE - CONCEPT

Summary

1 . IF AN UNDERTAKING DENIES THAT IT HAS A DUTY TO PAY A SPECIFIC FINANCIAL CONTRIBUTION AND THE HIGH AUTHORITY, TO WHICH THE SAID UNDERTAKING HAS SUBMITTED A REQUEST FOR EXEMPTION FROM PAYMENT THEREOF, FORMALLY AFFIRMS THAT THE SAID DUTY EXISTS, THAT AFFIRMATION CONSTITUTES A DECISION .

( ECSC TREATY, ARTICLES 14 AND 33 )

2 . THE EXPRESSION " PIG IRON " DENOTES THE MATERIAL IN THE STATE IN WHICH IT EMERGES FROM THE BLAST FURNACE, WHETHER IT HAS SOLIDIFIED OR NOT .

( ANNEX I TO THE ECSC TREATY, REFERENCE NO 4200 )

3 . THE EXPRESSION " PRODUCTION " AND " PRODUCT " ARE NOT RESTRICTED TO THE MANUFACTURE OF GOODS WHICH ARE INTENDED TO BE PUT ON THE MARKET .

( ECSC TREATY, ARTICLE 80; PARAGRAPH ( 1 ) OF ANNEX I TO THE SAID TREATY )

4 . FOUNDRIES ENGAGED IN PRE-MELT ARE UNDERTAKINGS WITHIN THE MEANING OF THE TREATY IN SO FAR AS THEY PRODUCE MOLTEN FOUNDRY PIG IRON .

( ECSC TREATY, ARTICLE 80; ANNEX I TO THE SAID TREATY, REFERENCE NO 4200 )

5 . DISCRIMINATION CONSISTING OF THE DISSIMILAR TREATMENT OF COMPARABLE SITUATIONS PRESUPPOSES THAT THERE IS A DUTY TO TREAT ALL INTERESTED PARTIES ON THE SAME FOOTING AND THE POSSIBILITY OF SO DOING . CONSEQUENTLY, THE FACT THAT THE HIGH AUTHORITY IMPOSES ON A COMMUNITY UNDERTAKING A CHARGE WHICH IS NOT ALSO IMPOSED ON UNDERTAKINGS WHICH ARE NOT COVERED BY THE TREATY DOES NOT AMOUNT TO DISCRIMINATION .

( ECSC TREATY, ARTICLE 4 )

6 . THERE IS NO DISCRIMINATION IF, WITHIN THE FRAMEWORK OF FINANCIAL ARRANGEMENTS UNDER WHICH UNDERTAKINGS CONSUMING FERROUS SCRAP HAVE TO PAY CONTRIBUTIONS, THE HIGH AUTHORITY EXEMPTS INTEGRATED STEEL FOUNDRIES SO AS TO PROTECT THEM FROM COMPETITION FROM INDEPENDENT STEEL FOUNDRIES WHILE AT THE SAME TIME REFUSING TO GRANT FOUNDRIES ENGAGED IN PRE-MELT SIMILAR PROTECTION AGAINST FOUNDRIES ENGAGED IN MELT, SINCE THE FIRST TWO CATEGORIES OF UNDERTAKING OPERATE WITH THE SAME PRODUCTION PLANT AND USE THE SAME RAW MATERIALS, WHEREAS THERE IS NO SUCH SIMILARITY BETWEEN THE SECOND TWO CATEGORIES, WITH THE RESULT THAT THE TWO COMPETITIVE SITUATIONS ARE NOT COMPARABLE .

7 . WHEN ARTICLE 3 OF THE TREATY PRESCRIBES THAT THE INSTITUTIONS OF THE COMMUNITY ARE TO EXERCISE THEIR POWERS ONLY IN THE " COMMON INTEREST " IT FORBIDS THE HIGH AUTHORITY TO DISREGARD THE SPECIFIC INTERESTS OF THOSE SUBJECT TO ITS JURISDICTION AND TO ACT WITH SUCH INFLEXIBILITY THAT THOSE INTERESTS ARE ADVERSELY AFFECTED TO AN APPRECIABLY GREATER EXTENT THAN MIGHT REASONABLY BE EXPECTED .

IF THESE PRINCIPLES ARE APPLIED IN THE LIGHT OF ARTICLE 5 TO THE EFFECTS WHICH INTERVENTION BY THE HIGH AUTHORITY MAY HAVE ON THE COMPETITIVE POSITION OF THOSE CONCERNED, THEY INDICATE THAT THE HIGH AUTHORITY WOULD EXCEED THE LIMITS OF ITS POWERS IF IT ADVERSELY AFFECTED THAT SITUATION MORE SERIOUSLY THAN WAS ESTABLISHED TO BE NECESSARY AFTER A THOROUGH EXAMINATION OF THE INTERESTS INVOLVED OR, IN ANY EVENT, IF IT HAD A SUBSTANTIAL ADVERSE EFFECT ON THAT POSITION . ON THE OTHER HAND, TO CLAIM THAT THE COMPETITIVE POSITION OF AN UNDERTAKING MUST NOT BE CHANGED AT ALL BY SUCH INTERVENTION WOULD AMOUNT TO AN UNREASONABLE STIPULATION .

( ECSC TREATY, ARTICLES 3 AND 5 )

8 . A CHARGE IMPOSED BY THE HIGH AUTHORITY WHICH IN PRINCIPLE APPLIES TO ALL COMMUNITY UNDERTAKINGS CONSUMING FERROUS SCRAP IS NOT A SPECIAL CHARGE .

( ECSC TREATY, ARTICLE 4 )