Keywords
Summary

Keywords

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1 . MEASURES ADOPTED BY INSTITUTIONS OF THE COMMUNITY - DECISIONS OF THE HIGH AUTHORITY - CONSTITUENT ELEMENTS

( ECSC TREATY, ARTICLE 14 )

2 . MEASURES ADOPTED BY INSTITUTIONS OF THE COMMUNITY - DECISIONS OF THE HIGH AUTHORITY - INTERPRETATION - SIGNIFICANCE OF STATEMENTS BY OFFICIALS

3 . COSTS - NO FORMAL APPLICATION - CONSEQUENCES

( RULES OF PROCEDURE, ARTICLE 69 ( 2 ))

Summary

1 . SEE SUMMARY IN JOINED CASES 23, 24 AND 52/63, PARAGRAPH 1 .

( A ) A MEASURE WHICH SATISFIES THE FUNDAMENTAL CONDITIONS UNDERLYING THE CONCEPT OF A DECISION WITHIN THE MEANING OF THE TREATY RETAINS THE CHARACTER OF A DECISION EVEN THOUGH IT FAILS TO COMPLY WITH SOME INESSENTIAL REQUIREMENT OF FORM LAID DOWN BY THE HIGH AUTHORITY FOR THE IDENTIFICATION OF ITS DECISIONS .

( B ) THE DECISION MUST APPEAR AS A MEASURE ADOPTED BY THE HIGH AUTHORITY, ACTING AS A BODY, INTENDED TO PRODUCE LEGAL EFFECTS, CONSTITUTING THE CULMINATION OF PROCEDURE WITHIN THE HIGH AUTHORITY, WHEREBY THE LATTER GIVES ITS FINAL RULING IN A FORM WHICH ENABLES THE MEASURE IN QUESTION TO BE IDENTIFIED AS A DECISION .

ANY MEASURE, THEREFORE, WHICH, IN PARTICULAR, DOES NOT APPEAR TO HAVE BEEN DEBATED AND ADOPTED BY THE HIGH AUTHORITY AND WHICH IS NOT AUTHENTICATED BY THE SIGNATURE OF ONE OF ITS MEMBERS, CANNOT BE REGARDED AS A DECISION .

*/ EN.663J0023 /*.

2 . STATEMENTS ORIGINATING FROM OFFICIALS OF THE HIGH AUTHORITY CANNOT HAVE ANY INFLUENCE ON THE INTERPRETATION OF DECISIONS TAKEN BY IT, AT LEAST WHEN THAT INTERPRETATION, LEAVING ASIDE THE STATEMENTS MADE, LEADS TO AN UNEQUIVOCAL CONCLUSION .

3 . SEE SUMMARY IN JOINED CASES 23, 24 AND 52/63, PARAGRAPH 2 .

IN THE ABSENCE OF ANY FORMAL APPLICATION FOR THE UNSUCCESSFUL PARTY TO BE ORDERED TO PAY THE COSTS, THE LATTER CANNOT BE MADE TO PAY THE COSTS INCURRED BY THE SUCCESSFUL PARTY .

*/ EN.663J0023 /*.