61954CJ0008_EN
Parties
Subject of the case
Grounds
Endorsements
Operative part
Parties
IN JOINED CASES 8 AND 10/54
ASSOCIATION DES UTILISATEURS DE CHARBON DU GRAND-DUCHE DU LUXEMBOURG, REPRESENTED BY ITS ADMINISTRATIVE BOARD, ASSISTED BY ALEX BONN, ADVOCATE IN LUXEMBOURG, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT ITS REGISTERED OFFICE, 8, AVENUE DE L'ARSENAL, APPLICANT,
V
HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY, REPRESENTED BY ITS LEGAL ADVISER, NICOLA CATALANO, ACTING AS AGENT, ASSISTED BY ERNEST ARENDT, ADVOCATE IN LUXEMBOURG, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT ITS OFFICES, 2, PLACE DE METZ, DEFENDANT,
GOVERNMENT OF THE GRAND DUCHY OF LUXEMBOURG, REPRESENTED BY PIERRE PESCATORE, LEGAL ADVISER TO THE MINISTRY FOR FOREIGN AFFAIRS WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE MINISTRY FOR FOREIGN AFFAIRS, 5, RUE NOTRE-DAME, INTERVENER,
Subject of the case
APPLICATION FOR, FIRST, THE ANNULMENT OF THE IMPLIED DECISION OF REFUSAL RESULTING, UNDER ARTICLE 35 OF THE TREATY, FROM THE SILENCE OF THE HIGH AUTHORITY WITH REGARD TO THE LETTER OF 20 JULY 1954 IN WHICH THE APPLICANT REQUESTED IT TO TAKE A DECISION OR MAKE A RECOMMENDATION CONCERNING THE ACTIVITIES OF THE OFFICE COMMERCIAL DU RAVITAILLEMENT OF THE GRAND DUCHY OF LUXEMBOURG ( COMMERCIAL SUPPLY OFFICE ) AND CONCERNING THE CAISSE DE COMPENSATION ( EQUALIZATION FUND ) ATTACHED TO THAT OFFICE BY THE MINISTERIAL ORDER OF 8 MARCH 1954 ( CASE 8/54 );
SECONDLY, FOR THE ANNULMENT " IN SO FAR AS IS NECESSARY " OF THE DECISION OF REFUSAL OF THE HIGH AUTHORITY, FOLLOWING FROM ITS LETTER OF 27 NOVEMBER 1954, OF THE REQUEST CONTAINED IN THE LETTER OF 20 JULY 1954 ( CASE 10/54 ),
Grounds
P . 239
THE COURT
FOR THE PURPOSE OF GIVING JUDGMENT IN THE PRESENT CASES, PUTS FORWARD THE FOLLOWING CONSIDERATIONS IN LAW :
1 . ADMISSIBILITY OF APPLICATIONS 8/54 AND 10/54
A - CAPACITY OF THE APPLICANT TO RAISE THE MATTER WITH THE HIGH AUTHORITY IN APPLICATION OF ARTICLE 33 OF THE TREATY
ARTICLE 35 ENABLES " UNDERTAKINGS OR ASSOCIATIONS " TO RAISE A MATTER WITH THE HIGH AUTHORITY .
THE ASSOCIATIONS REFERRED TO IN THIS EXPRESSION MAY ONLY BE ASSOCIATIONS OF UNDERTAKINGS WITHIN THE MEANING GIVEN TO THE WORD " UNDERTAKING " BY ARTICLE 80 OF THE TREATY FOR THE PURPOSES OF THE WHOLE TREATY .
IF IN FACT THIS WERE NOT SO, AN ASSOCIATION COULD FIND ITSELF IN A POSITION TO INSTITUTE PROCEEDINGS WHERE NONE OF THE INDIVIDUAL MEMBERS OF WHICH IT IS FORMED COULD HAVE DONE SO ON ITS OWN .
IN THE ABSENCE OF ANY INDICATION TO THE CONTRARY, THE TREATY DOES NOT ESTABLISH SUCH DIFFERENCES IN THE TREATMENT OF AN ASSOCIATION AND THE MEMBERS OF WHICH IT IS FORMED .
P . 240
IT IS NECESSARY TO INQUIRE WHETHER THE APPLICANT FULFILS THE ABOVE-MENTIONED CONDITION .
THE ASSOCIATION DES UTILISATEURS DE CHARBON DU GRAND-DUCHE DE LUXEMBOURG HAS BEEN FORMED BETWEEN :
THE FEDERATION DES INDUSTRIELS LUXEMBOURGEOIS
THE GROUPEMENT DES INDUSTRIES SIDERURGIQUES LUXEMBOURGEOISES
THE GROUPEMENT DES NEGOCIANTS DE COMBUSTIBLES EN GROS
THE SOCIETE NATIONALE DES CHEMINS DE FER LUXEMBOURGEOIS AND MR LEON BRASSEUR, ENGINEER, REPRESENTING THE GAS WORKS OF THE GRAND DUCHY OF LUXEMBOURG .
UNDER ARTICLE 1 OF ITS STATUTE, ITS OBJECTS ARE :
( A ) TO DEFEND AND REPRESENT THE INTERESTS OF COAL CONSUMERS WITHIN THE FRAMEWORK OF THE OBJECTIVES PURSUED BY THE EUROPEAN COAL AND STEEL COMMUNITY;
( B ) TO GIVE OPINIONS ON QUESTIONS OF INTEREST TO COAL CONSUMERS WHICH ANY ORGAN OF THE EUROPEAN COAL AND STEEL COMMUNITY OR ANY OTHER AUTHORITY MAY SUBMIT TO IT .
IT IS ALSO, AS ITS TITLE EXPRESSLY INDICATES, AN ASSOCIATION OF COAL CONSUMERS .
THE FACT THAT THE GROUPEMENT DES INDUSTRIES SIDERURGIQUES LUXEMBOURGEOISES IS ONE OF ITS MEMBERS DOES NOT ALTER THIS CHARACTER AND, MOREOVER, THAT BODY HAS ALREADY LODGED ON ITS OWN ACCOUNT AN APPLICATION WITH THE SAME PURPOSE .
ARTICLE 1 OF THE STATUTE OF THE ASSOCIATION LEAVES NO DOUBT THAT ITS OBJECT IS TO DEFEND AND TO REPRESENT THE INTERESTS OF ITS MEMBERS IN THEIR CAPACITY AS COAL CONSUMERS AND TO GIVE OPINIONS ON QUESTIONS OF INTEREST TO COAL CONSUMERS .
FOR THOSE REASONS, WITHOUT THIS FINDING PREJUDGING THE NECESSARY CAPACITY TO LODGE AN APPLICATION UNDER OTHER ARTICLES OF THE TREATY, THE ASSOCIATION DES UTILISATEURS DE CHARBON DU GRAND-DUCHE IS NOT ONE OF THE ASSOCIATIONS ENABLED TO RAISE THE MATTER WITH THE HIGH AUTHORITY IN APPLICATION OF THE PROVISIONS OF ARTICLE 35 .
FOR THAT REASON, APPLICATIONS 8/54 AND 10/54 ARE INADMISSIBLE .
IN THOSE CIRCUMSTANCES, THE APPLICANT MUST BE ORDERED TO BEAR THE COSTS .
Endorsements
UPON READING THE PLEADINGS;
UPON HEARING THE PARTIES TO THE MAIN ACTION AND THE INTERVENER;
UPON HEARING THE OPINION OF THE ADVOCATE GENERAL;
HAVING REGARD TO ARTICLES 4, 33, 35, 48, 67, 80, 86 AND 88 OF THE ECSC TREATY;
HAVING REGARD TO THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE ECSC;
HAVING REGARD TO THE RULES OF PROCEDURE OF THE COURT OF JUSTICE AND THE RULES OF THE COURT ON COSTS;
TAKING NOTE OF THE APPLICANT'S STATEMENT THAT, WITHOUT PREJUDICE TO THE STATEMENT OF THE REASONS UPON WHICH THE DECISION TAKEN BY THE HIGH AUTHORITY ON 7 JANUARY 1955 CONCERNING THE OFFICE COMMERCIAL DU RAVITAILLEMENT WAS BASED, IT CONSIDERS THAT AS A RESULT OF THAT DECISION ITS APPLICATION HAS BECOME PURPOSELESS WITHIN THE LIMITS SETTLED BY THE DECISION;
Operative part
THE COURT
HEREBY :
DISMISSES THE APPLICATIONS IN JOINED CASES 8 AND 10/54;
ORDERS THE APPLICANT TO BEAR THE COSTS INCLUDING THOSE OF THE INTERVENER .