Keywords

Summary



Keywords

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1 . PROCEEDINGS - ACTIONS BASED ON ARTICLE 65 OF THE ECSC TREATY - RIGHT OF ACTION OF DISTRIBUTIVE UNDERTAKINGS

2 . PROCEEDINGS - APPLICATION FOR ANNULMENT - DECISION OF THE HIGH AUTHORITY BASED ON THE SECOND SUBPARAGRAPH OF ARTICLE 65 ( 4 )

3 . PROCEEDINGS - APPLICATION FOR ANNULMENT - INDIVIDUAL CHARACTER OF A DECISION OF THE HIGH AUTHORITY

4 . PROCEEDINGS - APPLICATION FOR ANNULMENT - CRITERION OF " DECISION CONCERNING THE APPLICANT "

5 . COURT OF JUSTICE - GENERAL POWERS - APPLICATION AND INTERPRETATION OF NATIONAL LAW

6 . HIGH AUTHORITY - GENERAL POWERS - APPLICATION OF NATIONAL LAW

7 . AGREEMENTS - EXTENT OF THE POWER OF THE HIGH AUTHORITY TO CONSIDER WHETHER THEY ARE LAWFUL IN NATURE

8 . AGREEMENTS - EXTENT OF THE POWER OF THE HIGH AUTHORITY TO CONSIDER WHETHER THEY ARE LAWFUL IN NATURE

9 . AGREEMENTS - RELATIONSHIPS BETWEEN COMMUNITY LAW AND NATIONAL LAW

10 . AGREEMENTS - COAL - TRANSITIONAL LEGAL PROVISIONS - REPLACEMENT OF NATIONAL LAW BY COMMUNITY LAW - RIGHT OF THE HIGH AUTHORITY TO CARRY OUT AN INQUIRY

11 . AGREEMENTS - TRANSITIONAL LEGAL PROVISIONS - VALIDITY OF AGREEMENTS AND DECISIONS ENTERED INTO BY EXISTING AND NEWLY-CREATED GROUPS OF UNDERTAKINGS - BEGINNING OF THE PERIOD OF DIRECT APPLICATION OF ARTICLE 65 ( 1 ) OF THE ECSC TREATY

Summary

1 . THE RIGHT OF ACTION OF UNDERTAKINGS ENGAGED IN DISTRIBUTION IS NOT LIMITED TO CASES IN WHICH THEY ARE PARTIES TO THE AGREEMENT IN QUESTION BUT EXTENDS TO CASES SUCH AS THE PRESENT IN WHICH A DECISION BASED ON ARTICLE 65 DIRECTLY AFFECTS THE INTERESTS OF THE APPLICANT UNDERTAKING ( ECSC TREATY, ARTICLES 65 AND 80 ).

2 . AN APPLICATION FOR ANNULMENT MAY BE BROUGHT AGAINST DECISIONS OF THE HIGH AUTHORITY ADOPTED IN ACCORDANCE WITH THE SECOND SUBPARAGRAPH OF ARTICLE 65 ( 4 ) ( ECSC TREATY, ARTICLE 33 AND SECOND SUBPARAGRAPH OF ARTICLE 65 ( 4 ).

3 . A DECISION OF THE HIGH AUTHORITY WHICH GIVES A RULING ON THE LEGAL VALIDITY OF ACTUAL DECISIONS TAKEN BY GROUPS OF UNDERTAKINGS IS INDIVIDUAL IN CHARACTER ( ECSC TREATY, ARTICLE 33 AND SECOND SUBPARAGRAPH OF ARTICLE 65 ( 4 )).

4 . A DECISION WHICH IS ADOPTED BY THE HIGH AUTHORITY UNDER THE SECOND SUBPARAGRAPH OF ARTICLE 65 ( 4 ) OF THE ECSC TREATY IN THE CONTEXT OF AN ACTION BEFORE A NATIONAL COURT BETWEEN THE APPLICANT AND ANOTHER PARTY AND WHICH MAY EXERT AN INFLUENCE ON THE OUTCOME OF THAT ACTION CONCERNS THE APPLICANT ( ECSC TREATY, ARTICLE 33 AND SECOND SUBPARAGRAPH OF ARTICLE 65 ( 4 )).

5 . UNDER ARTICLE 31 OF THE ECSC TREATY THE COURT IS ONLY REQUIRED TO ENSURE THAT IN THE INTERPRETATION AND APPLICATION OF THE TREATY, AND OF RULES LAID DOWN FOR THE IMPLEMENTATION THEREOF, THE LAW IS OBSERVED BUT IT IS NOT NORMALLY REQUIRED TO RULE ON PROVISIONS OF NATIONAL LAW . CONSEQUENTLY, THE HIGH AUTHORITY IS NOT EMPOWERED TO EXAMINE A GROUND OF COMPLAINT WHICH MAINTAINS THAT, WHEN IT ADOPTED ITS DECISION, IT INFRINGED PRINCIPLES OF NATIONAL CONSTITUTIONAL LAW . ( ECSC TREATY, ARTICLE 31 ).

6 . IT EMERGES FROM ARTICLE 8 OF THE TREATY THAT THE HIGH AUTHORITY IS ONLY REQUIRED TO APPLY COMMUNITY LAW . IT IS NOT COMPETENT TO APPLY THE NATIONAL LAW OF THE MEMBER STATES ( ECSC TREATY, ARTICLE 8 ).

7 . THE SECOND SUBPARAGRAPH OF ARTICLE 65 ( 4 ) OF THE ECSC TREATY MUST BE INTERPRETED TO MEAN THAT THE HIGH AUTHORITY IS ALSO ENTITLED TO RULE WHETHER ARTICLE 65 IS IN PRINCIPLE APPLICABLE TO A SPECIFIC AGREEMENT BY VIRTUE OF OTHER PROVISIONS OF THE TREATY OR OF THE CONVENTION ON THE TRANSITIONAL PROVISIONS ( ECSC TREATY, SECOND SUBPARAGRAPH OF ARTICLE 65 ( 4 )).

8 . IT IS FOR THE HIGH AUTHORITY TO CONSIDER ALL THE AGREEMENTS AND DECISIONS ADOPTED BY GROUPS OF UNDERTAKINGS WHICH ARE COVERED BY THE TERMS OF ARTICLE 65 OF THE TREATY AND ARE INTENDED TO APPLY TO THE COMMON MARKET IN ORDER TO RULE ON THEIR COMPATIBILITY WITH THE PROVISIONS OF THAT ARTICLE, WITHOUT REGARD FOR THEIR VALIDITY UNDER NATIONAL LAW ( ECSC TREATY, SECOND SUBPARAGRAPH OF ARTICLE 65 ( 4 )).

9 . AGREEMENTS AND DECISIONS ADOPTED BY GROUPS OF UNDERTAKINGS, WHICH ARE VALID UNDER NATIONAL LAW MAY WELL RUN COUNTER TO THE PROHIBITION IN ARTICLE 65 ( 1 ) OF THE ECSC TREATY AND ARE THEREFORE VOID UNDER COMMUNITY LAW IN ACCORDANCE WITH ARTICLE 65 ( 4 ) ( ECSC TREATY, ARTICLE 65 ( 1 ) AND FIRST SUBPARAGRAPH OF ARTICLE 65 ( 4 )).

10 . AS REGARDS COAL THE COMMUNITY LAW CONCERNING AGREEMENTS REPLACED THE NATIONAL LAW ON 10 FEBRUARY 1953 ( THE DAY OF ESTABLISHMENT OF THE COMMON MARKET IN COAL ). THE HIGH AUTHORITY WAS THEREFORE ENTITLED TO CONSIDER THE VALIDITY FROM THE POINT OF VIEW OF COMMUNITY LAW OF AGREEMENTS AND DECISIONS ADOPTED BY GROUPS OF UNDERTAKINGS BEFORE THAT DATE BUT INTENDED BY THE PARTIES TO BE APPLICABLE THEREAFTER . THE LEGAL POSITION WAS IN NO WAY MODIFIED BY THE FACT THAT AS REGARDS THE AGREEMENTS OR DECISIONS IN QUESTION, THE PROHIBITIONS IN ARTICLE 65 ONLY CAME INTO FORCE SUBSEQUENTLY IN ACCORDANCE WITH ARTICLE 12 OF THE CONVENTION ON THE TRANSITIONAL PROVISIONS ( ECSC TREATY, SECOND SUBPARAGRAPH OF ARTICLE 65 ( 4 ), CONVENTION, ARTICLE 1 ( 4 ), FINAL SUBPARAGRAPH OF ARTICLE 2 ( 2 ), ARTICLE 2 ( 3 ), PARAGRAPH ( A ) OF THE SECOND SUBPARAGRAPH OF ARTICLE 8 AND ARTICLE 12 ).

11 . ( A ) AGREEMENTS AND DECISIONS ADOPTED BY NEWLY-CREATED GROUPS OF UNDERTAKINGS ARE IMMEDIATELY COVERED BY THE PROHIBITION LAID DOWN IN ARTICLE 65, NOTWITHSTANDING THEIR POSSIBLE SUBSEQUENT AUTHORIZATION . ON THE OTHER HAND, AGREEMENTS AND DECISIONS ALREADY IN EXISTENCE REMAIN IN FORCE PROVISIONALLY UNTIL THE EXPIRY OF THE TIME-LIMIT SET BY THE HIGH AUTHORITY AFTER AUTHORIZATION HAS BEEN REFUSED . THAT EMERGES FROM THE SECOND PARAGRAPH OF ARTICLE 12 OF THE CONVENTION . SINCE THAT PROVISION FIXES NO TIME-LIMIT FOR BRINGING PROCEEDINGS AGAINST AGREEMENTS WHICH ARE ALREADY IN EXISTENCE, THE HIGH AUTHORITY IS ENTITLED TO USE ITS DISCRETION IN TAKING ACTION .

( B ) THE SECOND PARAGRAPH OF ARTICLE 12 OF THE CONVENTION MUST BE INTERPRETED TO MEAN THAT AGREEMENTS ENTERED INTO AND DECISIONS ADOPTED BETWEEN THE ENTRY INTO FORCE OF THE TREATY AND THE ESTABLISHMENT OF THE COMMON MARKET MUST ALSO BE REGARDED AS AGREEMENTS AND DECISIONS ALREADY IN EXISTENCE AND THEREFORE PROVISIONALLY VALID ( ECSC TREATY, ARTICLE 65, CONVENTION, ARTICLE 1 ( 1 ), ARTICLE 1 ( 5 ), FOURTH SUBPARAGRAPH OF ARTICLE 2 ( 2 ), ARTICLE 2 ( 3 ), SECOND SUBPARAGRAPH OF ARTICLE 12 ).