Keywords
Summary

Keywords

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1 . PROCEDURE - APPLICATION FOR ANNULMENT - ADMISSIBILITY OF NEW SUBMISSIONS

2 . PROCEDURE - APPLICATION FOR ANNULMENT - TIME-LIMIT FOR INSTITUTION OF PROCEEDINGS - NEW DECISION RE-ESTABLISHING A PREVIOUS SCHEME

3 . MISUSE OF POWERS - SUBSTITUTION OF OBJECTIVE

4 . FERROUS SCRAP - EQUALIZATION - UNIFORM RATE FOR THE SAKE OF ADMINISTRATIVE SIMPLICITY - MISUSE OF POWERS

Summary

1 . A DISTINCTION MUST BE DRAWN BETWEEN THE INTRODUCTION OF NEW SUBMISSIONS IN THE COURSE OF THE PROCEEDINGS AND THE INTRODUCTION OF CERTAIN NEW ARGUMENTS .

THERE IS NOTHING TO PREVENT THE COURT FROM CONSIDERING NEW ARGUMENTS PUT FORWARD IN SUPPORT OF SUBMISSIONS ALREADY MADE IN THE APPLICATION

( TREATY, ARTICLE 33; PROTOCOL ON THE STATUTE OF THE COURT, ARTICLE 22 ).

2 . A NEW DECISION MAY BE THE SUBJECT OF AN APPLICATION EVEN IN RESPECT OF THOSE OF ITS PROVISIONS WHICH ARE INCORPORATED FROM AN EARLIER DECISION WHICH HAS NOT BEEN IMPUGNED WITHIN THE PERIOD LAID DOWN IN ARTICLE 33 OF THE TREATY

( TREATY, ARTICLE 33, THIRD PARAGRAPH ).

3 . THE LEGALITY OF A DECISION CANNOT DEPEND ON ITS CONFORMITY OR OTHERWISE WITH THE PROVISIONS OF A MEMORANDUM PUBLISHED BY THE HIGH AUTHORITY BUT ONLY ON ITS CONFORMITY OR OTHERWISE WITH THE PROVISIONS OF THE TREATY . IN ORDER TO PROVE A MISUSE OF POWERS, THE CONTESTED DECISION MUST BE SHOWN TO HAVE BEEN PURSUING AN OBJECTIVE OTHER THAN THAT FOR THE PURPOSES OF WHICH THE HIGH AUTHORITY WAS ENTITLED TO ACT

( TREATY, ARTICLE 33 ).

4 . SINCE THE UNIFORM EQUALIZATION RATE WAS HELD TO BE CONSISTENT WITH THE PROVISIONS OF THE TREATY, THE CONTESTED DECISIONS WOULD STILL BE IN ORDER EVEN IF IT WERE PROVED THAT THIS UNIFORMITY WAS ALSO SELECTED OUT OF CONCERN TO AVOID ADMINISTRATIVE COMPLICATIONS

( TREATY, ARTICLES 33 AND 53 ).