Keywords

Summary



Keywords

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1 . ECSC TREATY - ECONOMIC AND SOCIAL PROVISIONS - PRICES - DISCRIMINATORY PRACTICES - COMPARABLE TRANSACTIONS - CONCEPT

( ECSC TREATY, ARTICLE 60(1 ))

2 . ECSC TREATY - ECONOMIC AND SOCIAL PROVISIONS - PRICES - DISCRIMINATORY PRACTICES - IDENTICAL FINAL PRICE APPLIED TO COMPARABLE TRANSACTIONS - POSSIBILITY OF DISCRIMINATION NOT EXCLUDED BY THIS FACT ALONE

( ECSC TREATY, ARTICLE 60(1 ))

3 . ECSC TREATY - ECONOMIC AND SOCIAL PROVISIONS - DISSIMILAR PRICES AND CONDITIONS OF SALE - TRANSACTIONS WHICH ARE NOT COMPARABLE - BURDEN OF PROOF ON THE SELLER

4 . ECSC TREATY - ECONOMIC AND SOCIAL PROVISIONS - PRICES - PUBLICITY - RULES

( ECSC TREATY, ARTICLE 60(2 ))

5 . MEASURES ADOPTED BY AN INSTITUTION - DECISIONS OF THE HIGH AUTHORITY - STATEMENT OF REASONS

( ECSC TREATY, ARTICLE 15 )

Summary

1 . A TRANSACTION WHICH IS NOT GOVERNED BY ANY GENERAL CRITERION FOR FIXING PRICES IS NOT PROHIBITED BY ARTICLE 60(1 ) OF THE TREATY, AS ANY DANGER OF DISCRIMINATION IS AVOIDED BECAUSE BY ITS VERY NATURE SUCH A TRANSACTION IS NOT COMPARABLE TO ANY OTHER . ON THE OTHER HAND ARTICLE 60(1 ) APPLIES TO TRANSACTIONS WHICH, ALTHOUGH AS COMPARED WITH NORMAL TRANSACTIONS MAY HAVE EXCEPTIONAL CHARACTERISTICS, SUCH AS THOSE RELATING TO THE LOYALTY OF CUSTOMERS AND TO THE QUANTITIES PURCHASED, AND FOR THIS REASON REQUIRE SPECIAL CONDITIONS OF SALE, NEVERTHELESS REMAIN COMPARABLE ONE WITH ANOTHER .

2 . THE APPLICATION OF AN IDENTICAL OR SIMILAR FINAL PRICE TO SEVERAL COMPARABLE TRANSACTIONS DOES NOT OF ITSELF REMOVE THE POSSIBILITY OF DISCRIMINATION, FOR THE HARMONIZATION OF PRICES MAY BE ACHIEVED BY A COMBINATION OF VERY DIFFERENT FACTORS OR OF PREMIUMS GRANTED IN ACCORDANCE WITH ARBITRARY CRITERIA WHICH VARY FROM CASE TO CASE . THE PRINCIPLE OF NON-DISCRIMINATION IS ONLY OBSERVED TO THE EXTENT TO WHICH EACH OF THESE FACTORS WHICH HAVE CONTRIBUTED TO THE FIXING OF A FINAL IDENTICAL PRICE HAS BEEN ESTABLISHED ACCORDING TO OBJECTIVE CRITERIA APPLIED UNIFORMLY TO ALL COMPARABLE TRANSACTIONS .

3 . IN CONFORMITY WITH DECISION NO 30/53 THE ONUS IS ON THE SELLER TO SHOW THAT TRANSACTIONS SUBJECT TO PRICES OR CONDITIONS OF SALE WHICH ARE DISSIMILAR OR ARE NOT SHOWN IN THE PRICE LIST ARE NOT COMPARABLE TRANSACTIONS .

4 . AS THE OBLIGATIONS TO PUBLISH PRICE LISTS AND CONDITIONS OF SALE IS CONTAINED IN A MANDATORY PROVISION OF THE TREATY, IT MUST BE REGARDED AS A STRICT RULE OF LAW TO WHICH NO EXCEPTION IS PERMITTED . BY VIRTUE OF THIS RULE UNDERTAKINGS IN THE STEEL INDUSTRY MUST PUBLISH ALL PRICES AND CONDITIONS OF SALE IN THEIR PRICE LISTS AND ANY SUBSEQUENT MODIFICATIONS .

CF . PARAGRAPH 2, SUMMARY, CASE 1/54, ( 1954-1955 ) ECR 11 .

5 . CF . PARAGRAPH 2, SUMMARY, CASE 2/56, ( 1957 ) ECR 3 .

ACCORDING TO THE GENERAL PROVISIONS OF ARTICLES 5 AND 15 OF THE TREATY, THE HIGH AUTHORITY IS REQUIRED TO STATE THE REASONS FOR ITS DECISIONS, MENTIONING THOSE FACTS ON WHICH THE LEGAL JUSTIFICATION FOR THE MEASURE DEPENDS AND THE CONSIDERATIONS WHICH HAVE LED IT TO ADOPT ITS DECISION . THE REASONS ON WHICH THE DECISION IS BASED MUST BE STATED IN ORDER THAT REVIEW BY THE COURT SHALL BE POSSIBLE . THE HIGH AUTHORITY IS NOT REQUIRED TO DISCUSS ALL THE OBJECTIONS WHICH MIGHT BE RAISED AGAINST THE DECISION .

IT IS NOT NECESSARY TO STATE INDEPENDENT AND EXHAUSTIVE REASONS FOR AN ISOLATED ARTICLE OF A COMPLEX DECISION, WHEN SUFFICIENT REASONS CAN BE DEDUCED FROM THE CONTEXT OF ALL THE FINDINGS STATED IN SUPPORT OF THE DECISION AS A WHOLE .

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