Keywords

Summary



Keywords

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1 . PROCEDURE - APPLICATION FOR FAILURE TO ACT - ADMISSIBILITY - STATUS - TYPE OF UNDERTAKING REQUIRED

( ECSC TREATY, ARTICLES 35, 80 )

2 . UNDERTAKINGS - ENGAGEMENT IN PRODUCTION WITHIN THE MEANING OF THE TREATY - CONCEPT - ANCILLARY ACTIVITY

( ECSC TREATY, ARTICLE 80, ANNEX I )

3 . PROCEDURE - APPLICATION FOR ANNULMENT AND APPLICATION FOR REPARATION - DIFFERENT SUBJECT-MATTER AND GROUNDS - DIFFERENCES IN THE COURT'S JURISDICTION

( EEC TREATY, ARTICLES 33, 40 )

4 . PROCEDURE - APPLICATION FOR REPARATION - REFERENCE BY ARTICLE 40 TO ARTICLE 34 - MEANING

( ECSC TREATY, ARTICLES 34, 40 )

5 . PROCEDURE - APPLICATION FOR REPARATION - APPLICANTS - STATUS

( ECSC TREATY, ARTICLE 40 )

6 . PROCEDURE - LEGAL ARGUMENTS - EXPANSION DURING PROCEEDINGS

7 . COMMON MARKET IN COAL AND STEEL - FUNDAMENTAL PROVISIONS - PRINCIPLE OF FREEDOM OF MOVEMENT - INTERPRETATION

( ECSC TREATY, ARTICLES 2, 3 ( B ), 4 ( A ))

8 . COMMON MARKET - FUNDAMENTAL PROVISIONS - PRINCIPLE OF FREEDOM OF MOVEMENT APPLYING ONLY TO COMMUNITY PRODUCTS - PRODUCTS ORIGINATING IN THIRD COUNTRIES - LIMITED PROTECTION - INTEREST IN TAKING PROCEEDINGS

( ECSC TREATY, ARTICLE 4 ( A ))

9 . COMMERCIAL POLICY - IMPORT LICENCES - CAMOUFLAGED DIRECT IMPORT - PRINCIPLE OF FREEDOM OF MOVEMENT NOT APPLICABLE - AIM OF MUTUAL ASSISTANCE - INTEREST OF THE COMMUNITY

( ECSC TREATY, ARTICLES 4 ( A ), 71, 73 )

Summary

1 . AN APPLICATION UNDER ARTICLE 35 BY A PRIVATE PARTY IS ADMISSIBLE ONLY IF THE APPLICANT HAS THE STATUS OF AN UNDERTAKING WITHIN THE MEANING OF ARTICLE 80 .

2 . IN ADDITION TO EXTRACTION, THE TREATY REGARDS AS PRODUCTION ACTIVITIES ONLY THOSE WHICH IT EXPRESSLY RECOGNIZES AS SUCH AND WHICH ARE DEFINED BY THE NOMENCLATURE IN ANNEX I .

THE ACTIVITIES OF CRUSHING, SCREENING AND WASHING FORM PART OF THE PRODUCTION OF COAL AS ACTIVITIES ANCILLARY TO THAT PRODUCTION; BUT IF THEY ARE CARRIED ON BY AN UNDERTAKING WHICH DOES NOT ITSELF EXTRACT COAL THEY DO NOT AMOUNT TO COAL-PRODUCING ACTIVITIES .

3 . THE ACTION FOR REPARATION REFERRED TO IN ARTICLE 40 DIFFERS FROM AN APPLICATION FOR ANNULMENT BOTH IN ITS SUBJECT-MATTER AND IN THE NATURE OF THE GROUNDS WHICH MAY BE PLEADED . AN ACTION FOR REPARATION IS DIRECTED IN FACT NOT TO THE ABOLITION OF A PARTICULAR MEASURE BUT ONLY TO REPARATION OF DAMAGE CAUSED BY AN ACT OR FAILURE TO ACT AMOUNTING TO A WRONGFUL ACT OR OMISSION; FURTHER, ONLY THE EXISTENCE OF A WRONGFUL ACT OR OMISSION CAN LEAD TO A FINDING AGAINST THE HIGH AUTHORITY, WHEREAS AN APPLICATION FOR ANNULMENT ENABLES THE FOUR GROUNDS MENTIONED IN ARTICLE 33 TO BE PLEADED . ARTICLE 40 CONSEQUENTLY CONFERS ON THE COURT A JURISDICTION WHICH IS CLEARLY DIFFERENT FROM THAT WHICH IT EXERCISES IN ACTIONS FOR ANNULMENT .

4 . THE REFERENCE IN ARTICLE 40 TO ARTICLE 34 EXCLUDES ANY POSSIBILITY OF A REFERENCE BACK AND REFERS ON THE CONTRARY TO SITUATIONS WHERE ARTICLE 34 IS NOT APPLICABLE .

5 . SINCE ARTICLE 40 DOES NOT CONTAIN THE LIMITS LAID DOWN BY ARTICLES 33 AND 35 AS REGARDS THE CAPACITY OF THE APPLICANTS, AND SINCE ACTIONS FOR ANNULMENT AND THOSE CONCERNING LIABILITY ARE CLEARLY DISTINCT, IT IS NECESSARY TO EXCLUDE, AS REGARDS THE RIGHT TO TAKE PROCEEDINGS FOR REPARATION, THE EXISTENCE OF LIMITS SIMILAR TO THOSE LAID DOWN IN RESPECT OF THE RIGHT TO TAKE PROCEEDINGS FOR ANNULMENT .

6 . THE LEGAL ARGUMENTS WHICH THE APPLICANT RELIES UPON TO SUPPORT ITS CLAIM MAY BE SUPPLEMENTED AND EXPOUNDED IN GREATER DETAIL DURING THE PROCEEDINGS .

7 . ARTICLE 4 ( A ) MUST BE INTERPRETED IN THE LIGHT OF ARTICLES 2 AND 3 ( B ) AND ESPECIALLY THEIR RESPECTIVE OBJECTIVES, THAT IS TO SAY 'PROGRESSIVELY BRING ABOUT CONDITIONS WHICH WILL OF THEMSELVES ENSURE THE MOST RATIONAL DISTRIBUTION OF PRODUCTION' AND 'ENSURE THAT ALL...CONSUMERS IN THE COMMON MARKET HAVE EQUAL ACCESS TO THE SOURCES OF PRODUCTION '.

8 . THE RULE OF FREE MOVEMENT IMPLIED BY ARTICLE 4 ( A ) WAS ESTABLISHED ESPECIALLY IN THE INTEREST OF COMMUNITY PRODUCTION . THE EXTENSION OF THAT RULE TO PRODUCTS COMING FROM THIRD COUNTRIES AND PROPERLY IMPORTED WAS NOT ADOPTED FOR THE PROTECTION OF THOSE PRODUCTS OR THEIR PRODUCERS, BUT IN ORDER TO PREVENT THE FREE MOVEMENT OF COMMUNITY PRODUCTS BEING ITSELF DIMINISHED OR IMPAIRED BY THE ESTABLISHMENT OF OBSTACLES TO THE FREE MOVEMENT OF THE SAID PRODUCTS . CONSEQUENTLY IF THE HIGH AUTHORITY, WHICH IS REQUIRED TO HAVE ARTICLE 4 ( A ) RESPECTED BY THE MEMBER STATES AND COMMUNITY UNDERTAKINGS, DOES NOT CARRY OUT THAT DUTY, THOSE WHO ARE SUBJECT TO IT ARE ENTITLED TO CONSIDER THEMSELVES TO HAVE SUFFERED DAMAGE TO THEIR LEGITIMATE EXPECTATIONS OR TO THEIR RIGHTS AND TO ASK FOR REPARATION OF THE DAMAGE WHICH HAS THUS BEEN DONE TO THEM . IT IS OTHERWISE WHEN PRODUCTS ORIGINATING IN THIRD COUNTRIES ARE CONCERNED BECAUSE ALTHOUGH IN CERTAIN CIRCUMSTANCES THESE PRODUCTS ARE ALLOWED TO BENEFIT FROM THE APPLICATION OF ARTICLE 4 ( A ) THAT ADVANTAGE IS ONLY A REFLECTION OF THE GUARANTEE WHICH THE TREATY INTENDED TO GRANT TO COMMUNITY PRODUCTS, SO THAT PRODUCERS IN THIRD COUNTRIES AND TRADERS DEALING IN PRODUCTS, IN CASES WHERE THE ABOVEMENTIONED PROVISION DOES NOT SHOW ITSELF TO BE FULLY OPERATIVE IN RESPECT OF THEM, ARE NOT ENTITLED TO CLAIM REPARATION OF THAT DISADVANTAGE ON THE BASIS OF THE INFRINGEMENT OF AN ALLEGED PERSONAL RIGHT VESTED IN THEM .

9 . THE PRINCIPLE OF FREE MOVEMENT WHICH PROHIBITS THE MEMBER STATES FROM REFUSING ENTRY INTO THEIR TERRITORY OF PRODUCTS ORIGINATING IN THIRD COUNTRIES AND WHICH HAVE BEEN LAWFULLY IMPORTED INTO ANOTHER MEMBER STATE DOES NOT APPLY TO AN ATTEMPT AT DIRECT IMPORTATION INTO A MEMBER COUNTRY HAVING THE MERE SEMBLANCE OF AN IMPORT INTO ANOTHER MEMBER COUNTRY, SINCE ARTICLE 73 OF THE TREATY RESERVES TO THE GOVERNMENT IN WHOSE TERRITORY IS SITUATED THE PLACE OF DESTINATION OF IMPORTS THE ADMINISTRATION OF LICENCES RELATING TO THEM .

EVEN IF IT IS ACCEPTED THAT THE MEMBER STATES MAY DEFEND THEMSELVES AGAINST SUCH PROCEEDINGS BY THE APPLICATION OF THE MUTUAL ASSISTANCE PROVIDED FOR IN ARTICLE 71, THE DUTY TO HAVE RECOURSE TO THE SAID MUTUAL ASSISTANCE IS NOT INTENDED TO SAFEGUARD THE INTEREST OF ANY THIRD PARTIES BUT ONLY THE INTERESTS OF THE COMMUNITY . CONSEQUENTLY THESE THIRD PARTIES BY MAKING AN APPLICATION UNDER ARTICLE 40 OF THE TREATY CANNOT RELY UPON THE FAILURE TO APPLY MUTUAL ASSISTANCE IN THE DEFENCE AND LEGAL PROTECTION OF PRACTICES WHICH MUTUAL ASSISTANCE HAS PRECISELY THE OBJECT OF PREVENTING .