61963CJ0029(01)_EN
Parties
Subject of the case
Grounds
Decision on costs
Endorsements
Operative part
Parties
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IN JOINED CASES
( 1 ) 29/63, SOCIETE ANONYME DES LAMINOIRS, HAUTE FOURNEAUX, FORGES, FONDERIES ET USINES DE LA PROVIDENCE, HAVING ITS REGISTERED OFFICE AT MARCHIENNE-AU-PONT, BELGIUM, REPRESENTED BY MAX NOKIN, CHAIRMAN OF ITS BOARD OF DIRECTORS;
( 2 ) 31/63, SOCIETE ANONYME DE LA FABRIQUE DE FER DE MAUBEUGE, HAVING ITS REGISTERED OFFICE AT LOUVROIL ( NORD ), REPRESENTED BY J.A . DE BECO, ITS CHAIRMAN AND GENERAL MANAGER;
( 3 ) 36/63, HAUTS FOURNEAUX ET FORGES DE SAULNES ET GORCY ( FORMERLY RATY ET CIE ), A COMPANY LIMITED BY SHARES, HAVING ITS REGISTERED OFFICE IN PARIS 16, REPRESENTED BY ROLAND LABBE, ITS CHAIRMAN AND MANAGING DIRECTOR;
( 4 ) 39/63, ACIERIES ET FORGES DE FIRMINY, A COMPANY LIMITED BY SHARES, HAVING ITS REGISTERED OFFICE IN PARIS 9, REPRESENTED BY ITS LIQUIDATOR, MARCEL MACAUX;
( 5 ) 40/63, SOCIETE DES ACIERIES DE POMPEY, A COMPANY LIMITED BY SHARES, HAVING ITS REGISTERED OFFICE IN POMPEY, MEURTHE-ET-MOSELLE, REPRESENTED BY R . DE GUNZBOURG, ITS CHAIRMAN AND MANAGING DIRECTOR;
( 6 ) 41/63, SOCIETE ANONYME DE L' ACIERIE ET DES LAMINOIRS DE BEAUTOR, HAVING ITS REGISTERED OFFICE AT BEAUTOR ( AISNE ), REPRESENTED BY GEORGES BUREAU, ITS CHAIRMAN AND MANAGING DIRECTOR;
( 7 ) 42/63, SOCIETE DES HAUTS FOURNEAUX DE ROUEN, A COMPANY LIMITED BY SHARES, HAVING ITS REGISTERED OFFICE IN PARIS 9, REPRESENTED BY PIERRE CELIER, ITS CHAIRMAN AND MANAGING DIRECTOR;
( 8 ) 43/63, SOCIETE DES USINES SAINT-JACQUES, A COMPANY LIMITED BY SHARES, HAVING ITS REGISTERED OFFICE IN PARIS 9, REPRESENTED BY ANDRE GUILLANTON, ITS CHAIRMAN AND MANAGING DIRECTOR;
( 9 ) 44/63, COMPAGNIE DES FORGES DE CHATILLON, COMMENTRY ET NEUVES-MALSONS, A COMPANY LIMITED BY SHARES, HAVING ITS REGISTERED OFFICE IN PARIS 9, REPRESENTED BY LEON BUREAU, ITS VICE - CHAIRMAN AND MANAGING DIRECTOR;
( 10 ) 45/63, SOCIETE ANONYME H.K . PORTER-FRANCE, HAVING ITS REGISTERED OFFICE IN PARIS 8, REPRESENTED BY JEAN PILLARD, ITS GENERAL WORKS MANAGER, AND JOSEP VERSAVEL, GENERAL SECRETARY;
( 11 ) 46/63, UNION DES CONSOMMATEURS DE PRODUITS METALLURGIQUES ET INDUSTRIELS, A COMPANY LIMITED BY SHARES, HAVING ITS REGISTERED OFFICE IN PARIS 8, REPRESENTED BY MARCEL PETIET, ITS CHAIRMAN AND GENERAL MANAGER;
( 12 ) 47/63, SOCIETE FIVES-LILLE-CAIL, A COMPANY LIMITED BY SHARES, HAVING ITS REGISTERED OFFICE IN PARIS 8, REPRESENTED BY JACQUES THIBAULT, ITS CHAIRMAN AND GENERAL MANAGER;
( 13 ) 50/63, UNION SIDERURGIQUE DU NORD DE LA FRANCE ' USINOR ', A COMPANY LIMITED BY SHARES, HAVING ITS REGISTERED OFFICE IN PARIS 9, REPRESENTED BY MAURICE BORGEAUD, ITS MANAGING DIRECTOR;
( 14 ) 51/63, SOCIETE D' EXPLOITATION DES FORGES D' HENNEBONT, A COMPANY LIMITED BY SHARES, HAVING ITS REGISTERED OFFICE IN PARIS 8, REPRESENTED BY FELIX PORTAL, ITS CHAIRMAN AND MANAGING DIRECTOR;
ASSISTED BY JEAN-PIERRE ARON, ADVOCATE OF THE COUR D' APPEL, PARIS, ALL WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICES OF THE CHAMBRE SYNDICALE DE LA SIDERURGIE FRANCAISE, 49 BOULEVARD JOSEPH-II,
APPLICANTS,
V
HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY, REPRESENTED BY ITS LEGAL ADVISER, DR ITALO TELCHINI, ACTING AS AGENT, AND BY ANDRE DE LAUBADERE, PROFESSOR IN THE FACULTY OF LAW OF PARIS, ACTING AS CO-AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT ITS OFFICES, 2 PLACE DE METZ,
DEFENDANT,
Subject of the case
APPLICATION FOR REPARATION, ON THE BASIS OF ARTICLE 40 OF THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY, TO MAKE GOOD THE INJURY CAUSED BY THE WRONGFUL ACT OR OMISSION ON THE PART OF THE COMMUNITY IN OPERATING THE SCHEME FOR THE EQUALIZATION OF IMPORTED FERROUS SCRAP AND SCRAP TREATED AS SUCH,
Grounds
P.141
A - SUBSTANCE
THE PARTIES HAVE CALCULATED THE DAMAGE SUFFERED BY THE FIVE UNDERTAKINGS PROVIDENCE, SAULNES, SAINT-JACQUES, FIVES-LILLE-CAIL AND USINOR ON THE BASIS OF THE PRINCIPLES LAID DOWN BY THE COURT IN ITS JUDGMENT OF 9 DECEMBER 1965 . THE HIGH AUTHORITY MUST THEREFORE BE ORDERED TO PAY TO THE SAID FIVE UNDERTAKINGS, BY WAY OF PECUNIARY REPARATION FOR ITS WRONGFUL ACT OR OMISSION, THE SUMS OF DAMAGES CALCULATED ABOVE . ON THE OTHER HAND, SINCE THE NINE UNDERTAKINGS MAUBEUGE, FIRMINY, POMPEY, BEAUTOR, ROUEN, CHATILLON-COMMENTRY, PORTER-FRANCE, UNION DES CONSOMMATEURS AND HENNEBONT HAVE NOT SUFFERED ANY DAMAGE THEIR APPLICATIONS MUST FAIL .
Decision on costs
P.142
UNDER ARTICLE 69(2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS . IN CASES 31/63 ( MAUBEUGE ), 39/63 ( FIRMINY ), 40/63 ( POMPEY ), 41/63 ( BEAUTOR ), 42/63 ( ROUEN ), 44/63 ( CHATILLON-COMMENTRY ), 45/63 ( PORTER-FRANCE ), 46/63 ( UNION DES CONSOMMATEURS ) AND 51/63 ( HENNEBONT ), THE APPLICANT PARTIES HAVE FAILED IN THEIR SUBMISSIONS AND MUST BE ORDERED TO PAY THE COSTS . ON THE OTHER HAND, IN CASES 29/63 ( PROVIDENCE ), 36/63 ( SAULNES ), 43/63 ( SAINT-JACQUES ), 47/63 ( FIVES-LILLE-CAIL ) AND 50/63 ( USINOR ), THE DEFENDANT HAS ESSENTIALLY FAILED IN ITS SUBMISSIONS AND MUST BE ORDERED TO PAY THE WHOLE OF THE COSTS RELATING TO THESE CASES .
THE JUDGMENT MUST PROVIDE FOR EACH OF THE PARTIES IN QUESTION TO BEAR A FIXED PROPORTION OF THE COSTS THEREOF . FURTHER, IT IS NECESSARY TO STIPULATE FINALLY THE PROPORTION OF THE COSTS FALLING ON THOSE UNDERTAKINGS WHICH DISCONTINUED THEIR APPLICATIONS AND WERE ACCORDINGLY, BY ORDERS DATED 5 NOVEMBER 1963 AND 24 SEPTEMBER 1965, ORDERED TO BEAR THE COSTS ATTRIBUTABLE TO THEIR RESPECTIVE CASES INCURRED UP TO THE DATE OF THE SAID ORDERS . SINCE THE EIGHT UNDERTAKINGS REFERRED TO IN THE ORDER OF 5 NOVEMBER 1963 DISCONTINUED THEIR APPLICATIONS BEFORE THE COURT DECIDED TO CALL FOR AN EXPERT'S REPORT IT IS NECESSARY TO DIVIDE THE COSTS INTO TWO PARTS, THE FIRST COMPRISING ALL THE COSTS OF THE PROCEEDINGS SAVE THOSE OF THE EXPERT'S REPORT AND THE SECOND COMPRISING THE COSTS OCCASIONED BY THE REPORT .
1 . COSTS OTHER THAN THOSE OCCASIONED BY THE EXPERT'S REPORT
IT APPEARS TO BE FAIR THAT THE EIGHT UNDERTAKINGS REFERRED TO IN THE ORDER OF 5 NOVEMBER 1963 SHOULD EACH BEAR ONE-THIRD OF THE COSTS WHICH ARE TO BE BORNE BY EACH OF THE APPLICANTS WHOSE APPLICATIONS ARE DISMISSED BY THIS JUDGMENT AND THAT THE UNDERTAKING CREUSOT, REFERRED TO IN THE ORDER OF 24 SEPTEMBER 1965, SHOULD BEAR THE REMAINING TWO-THIRDS OF SUCH COSTS . ACCORDINGLY THE COSTS, SAVE THOSE OCCASIONED BY THE EXPERT'S REPORT, SHALL BE BORNE AS FOLLOWS :
( A ) BY EACH OF THE APPLICANTS MAUBEUGE, FIRMINY, POMPEY, BEAUTOR, ROUEN, CHATILLON-COMMENTRY, PORTER-FRANCE, UNION DES CONSOMMATEURS AND HENNEBONT TO THE EXTENT OF THREE FIFTY-SECOND PARTS EACH;
( B ) BY THE DEFENDANT TO THE EXTENT OF FIFTEEN FIFTY-SECOND PARTS;
( C ) BY EACH OF THE UNDERTAKINGS REFERRED TO IN THE ORDER OF 5 NOVEMBER 1963 TO THE EXTENT OF ONE FIFTY-SECOND PART;
( D ) BY THE UNDERTAKING CREUSOT, REFERRED TO IN THE ORDER OF 24 SEPTEMBER 1965, TO THE EXTENT OF TWO FIFTY-SECOND PARTS .
2 . COSTS OCCASIONED BY THE EXPERT'S REPORT
AS REGARDS THE EXPERT'S FEES AND EXPENSES IN CONNEXION WITH HIS REPORT, ACCOUNT MUST BE TAKEN OF THE FACT THAT THE UNDERTAKING CREUSOT DISCONTINUED ITS ACTION ONLY AFTER THE EXPERT'S REPORT HAD BEEN LODGED . THE COSTS OCCASIONED BY THE EXPERT'S REPORT MUST THEREFORE BE BORNE AS FOLLOWS :
( A ) BY EACH OF THE APPLICANTS MAUBEUGE, FIRMINY, POMPEY, BEAUTOR, ROUEN, CHATILLON-COMMENTRY, PORTER-FRANCE, UNION DES CONSOMMATEURS AND HENNEBOUT TO THE EXTENT OF ONE-FIFTEENTH;
( B ) BY THE DEFENDANT TO THE EXTENT OF FIVE - FIFTEENTHS;
( C ) BY THE UNDERTAKING CREUSOT, REFERRED TO IN THE ORDER OF 24 SEPTEMBER 1965, TO THE EXTENT OF ONE-FIFTEENTH .
Endorsements
ON THOSE GROUNDS,
HAVING REGARD TO THE JUDGMENT OF THE COURT OF 9 DECEMBER 1965;
UPON READING THE PLEADINGS;
UPON HEARING THE PARTIES ON 18 MAY 1966;
UPON HEARING THE OPINION OF THE ADVOCATE - GENERAL;
HAVING REGARD TO ARTICLES 40 AND 53 OF THE TREATY ESTABLISHING THE ECSC;
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 OF THE EUROPEAN COMMUNITIES, ESPECIALLY ARTICLE 69(2 );
Operative part
THE COURT
HEREBY :
1 . ORDERS THE DEFENDANT TO PAY BY WAY OF PECUNIARY REPARATION FOR ITS WRONGFUL ACT OR OMISSION :
( A ) TO THE SOCIETE ANONYME DES LAMINOIRS, HAUTS FOURNEAUX, FORGES, FONDERIES ET USINES DE LA PROVIDENCE, THE SUM OF FOUR THOUSAND AND EIGHT FRENCH FRANCS AND NINETY-ONE CENTIMES ( FF 4 008.91 );
( B ) TO HAUTS FOURNEAUX ET FORGES DE SAULNES ET GORCY THE SUM OF FIVE THOUSAND THREE HUNDRED AND FIFTY-EIGHT FRENCH FRANCS AND TWENTY-FIVE CENTIMES ( FF 5 358.25 );
( C ) TO THE SOCIETE DES USINES SAINT-JACQUES THE SUM OF THREE THOUSAND NINE HUNDRED AND FIFTY-SIX FRENCH FRANCS AND TWO CENTIMES ( FF 3 956.02 );
( D ) TO THE SOCIETE FIVES-LILLE-CAIL THE SUM OF THREE THOUSAND AND SEVENTEEN FRENCH FRANCS AND TWELVE CENTIMES ( FF 3 017.12 );
( E ) TO THE UNION SIDERURGIQUE DU NORD DE LA FRANCE (' USINOR ') THE SUM OF THIRTY-NINE THOUSAND FOUR HUNDRED AND THIRTY-SIX FRENCH FRANCS ( FF 39 436 );
2 . DISMISSES AS UNFOUNDED APPLICATIONS 31/63, 39/63, 40/63, 41/63, 42/63, 44/63, 45/63, 46/63 AND 51/63;
3 . ORDERS THE DEFENDANT HIGH AUTHORITY TO BEAR FIVE-FIFTEENTHS OF THE COSTS OCCASIONED BY THE EXPERT'S REPORT AND FIFTEEN FIFTY-SECOND PARTS OF THE REMAINING COSTS OF THE PROCEEDINGS;
4 . ORDERS THE SOCIETE ANONYME DE LA FABRIQUE DE FER DE MAUBEUGE, ACIERIES ET FORGES DE FIRMINY, THE SOCIETE DES ACIERIES DE POMPEY, THE SOCIETE ANONMYE DE L' ACIERIE ET DES LAMINOIRS DE BEAUTOR, THE SOCIETE DES HAUTS FOURNEAUX DE ROUEN, THE SOCIETE ANONYME H.K . PORTER-FRANCE, THE UNION DES CONSOMMATEURS DE PRODUITS METALLURGIQUES ET INDUSTRIELS AND THE SOCIETE D' EXPLOITATION DES FORGES D' HENNEBONT EACH TO BEAR ONE-FIFTEENTH OF THE COSTS OCCASIONED BY THE EXPERT'S REPORT AND THREE FIFTY-SECOND PARTS OF THE REMAINING COSTS OF THE PROCEEDINGS;
5 . ORDERS THE EIGHT UNDERTAKINGS AGAINST WHICH COSTS WERE AWARDED BY THE COURT'S ORDER OF 5 NOVEMBER 1963 EACH TO BEAR ONE-FIFTY-SECOND PART OF THE COSTS OF THE PROCEEDINGS SAVE THOSE OCCASIONED BY THE EXPERT'S REPORT;
6 . ORDERS THE UNDERTAKING AGAINST WHICH COSTS WERE AWARDED BY THE COURT'S ORDER OF 24 SEPTEMBER 1965 TO BEAR ONE-FIFTEENTH OF THE COSTS OCCASIONED BY THE EXPERT'S REPORT AND TWO-FIFTY-SECOND PARTS OF THE REMAINING COSTS OF THE PROCEEDINGS .