Keywords

Summary



Keywords

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1 . MEASURES TAKEN BY A COMMUNITY INSTITUTION - DECISIONS BASED ON ORAL INFORMATION - LEGALITY SUBJECT TO CONDITIONS

( ECSC TREATY, ARTICLES 15 AND 47 )

2 . MEASURES TAKEN BY A COMMUNITY INSTITUTION - STATEMENT OF REASONS - RULES - DIFFERENCE IN COMPARISON WITH OTHER MEASURES

( ECSC TREATY, ARTICLE 15 )

3 . MEASURES TAKEN BY A COMMUNITY INSTITUTION - GENERAL DECISION - STATEMENT OF REASONS

( ECSC TREATY, ARTICLE 15 )

4 . INFORMATION - CHECKING - INTERPRETATION IN THE LIGHT OF THE FOURTH PARAGRAPH OF ARTICLE 86 - PARTICULAR OBJECT OF THAT PROVISION

( ECSC TREATY, ARTICLES 47 AND 86 )

5 . INFORMATION - CHECKING - CARRYING OUT OF CHECKS - INSTRUCTIONS TO CARRY OUT NOT IN THE NATURE OF A DELEGATION - PERSONS SO INSTRUCTED - FREEDOM OF CHOICE OF HIGH AUTHORITY

( ECSC TREATY, ARTICLE 47 )

6 . INFORMATION - CHECKING - FACTORS CAPABLE OF BEING CONTESTED

( ECSC TREATY, ARTICLE 47 )

7 . INFORMATION - OBLIGATIONS OF UNDERTAKINGS

( ECSC TREATY, ARTICLE 47 )

8 . CALCULATION OF LEVY - ESTIMATED ASSESSMENT - EXTRAPOLATION METHOD - ADMISSIBILITY SUBJECT TO CONDITIONS

9 . CALCULATION OF LEVY - ESTIMATED ASSESSMENT - ADMISSIBILITY OF CONTRARY EVIDENCE

10 . GENERAL REPORT OF HIGH AUTHORITY - AUDITOR'S REPORT - CONTENTS - REVIEW BY COURT - INDIVIDUAL APPLICANTS - INADMISSIBILITY

( ECSC TREATY, ARTICLES 17 AND 78 )

11 . COSTS - UNREASONABLE EXPENSES

( RULES OF PROCEDURE, ARTICLE 69 ( 3 ))

Summary

1 . IN THE ABSENCE OF ANY DOCUMENTS THE HIGH AUTHORITY MAY BASE ITS DECISIONS AND THE REASONING UNDERLYING THEM ON ORAL INFORMATION .

2 . THE REQUIREMENTS OF A STATEMENT OF REASONS VARY ACCORDING TO WHETHER THE MEASURES IN QUESTION ARE GENERAL DECISIONS IN THE NATURE OF REGULATIONS, OR DECISIONS WHICH DO NOT HAVE THOSE CHARACTERISTICS .

3 . IT IS NOT NECESSARY TO GIVE SEPARATE REASONS FOR THE VARIOUS PROVISIONS OF A GENERAL DECISION, AS LONG AS THESE ARE CLEAR AND FALL NORMALLY INTO THE SYSTEM AS A WHOLE .

4 . CF . SUMMARY OF JUDGMENT IN CASE 31/59, N . 3 REC . 1960, P . 72 .

IN ORDER TO DEFINE THE GENERAL SCHEME AND THE EXACT SCOPE OF THE FIRST PARAGRAPH OF ARTICLE 47 THERE IS ABSOLUTELY NO NEED TO RESORT TO THE PROVISIONS OF THE FOURTH PARAGRAPH OF ARTICLE 86 OF THE TREATY, THE AIM OF WHICH IS IN NO WAY TO DEFINE THE EXTENT OF THE POWER TO OBTAIN INFORMATION AND TO MAKE CHECKS BUT SOLELY TO MAKE AVAILABLE TO THE HIGH AUTHORITY THE COMPULSORY POWERS AFFORDED BY NATIONAL REVENUE LAWS FOR THE DIRECT AND COMPULSORY EXECUTION BY ITS OWN OFFICIALS OF INSPECTIONS CAPABLE OF AFFECTING THE AREA OF INDIVIDUAL LIBERTY AND DEPARTING FROM THE PRINCIPLE OF THE INVIOLABILITY OF PRIVATE PREMISES .

*/ EN.659J0031 /*.

5 . SINCE ARTICLE 47 GIVES THE HIGH AUTHORITY THE POWER TO HAVE CHECKS MADE, THE INSTRUCTIONS BY VIRTUE OF WHICH IT DOES SO CONSTITUTE THE ACTUAL EXERCISE OF ITS POWERS AND NOT THEIR DELEGATION . THE PROCEDURE AND PUBLICITY REQUIRED FOR A DELEGATION OF POWERS ARE NOT APPLICABLE TO SUCH INSTRUCTIONS .

THE EXPRESSION 'HAVE...MADE' CLEARLY SHOWS THAT THE HIGH AUTHORITY NEED NOT HAVE THE CHECKS REFERRED TO CARRIED OUT EXCLUSIVELY BY ITS OWN OFFICIALS, BUT THAT IT MAY INSTRUCT FOR THIS PURPOSE ANY PERSON WHOM IT THINKS FIT TO CARRY OUT THE WORK . 6 . WHEN THE COMPETENCE OR OBJECTIVITY OF THE PERSON CHARGED WITH CHECKING IS NOT CALLED IN QUESTION, IT IS ONLY INFORMATION OF A PURELY FACTUAL NATURE WHICH CAN BE GAINED FROM SUCH OPERATIONS AND THE UNDERTAKING CONCERNED HAS THE RIGHT TO CONTEST THIS BY ADDUCING PROOF TO THE CONTRARY .

7 . IT IS FOR THE UNDERTAKINGS CONCERNED TO ENABLE THE HIGH AUTHORITY TO CARRY OUT ITS DUTIES BY VOLUNTARILY FURNISHING IT WITH THE INFORMATION WHICH IT NEEDS .

8 . THE METHOD OF ASSESSMENT BY EXTRA-POLATION IS NOT CAPABLE OF SUFFICIENTLY JUSTIFYING IN LAW AN ESTIMATED ASSESSMENT EXCEPT WHERE THERE IS A TOTAL LACK OF OTHER INFORMATION .

9 . AN ESTIMATED ASSESSMENT MAY BE CONTRADICTED BY EVIDENCE TO THE CONTRARY, AND MUST CONSEQUENTLY BE ANNULLED IN SO FAR AS IT IS PROVED TO BE INEXACT . 10 . IN APPLICATIONS MADE BY PRIVATE UNDERTAKINGS JUDICIAL REVIEW OF THE CONTENTS OF THE GENERAL REPORT OF THE HIGH AUTHORITY, PROVIDED FOR BY ARTICLE 17 OF THE ECSC TREATY AND OF THE AUDITOR'S REPORT, PROVIDED FOR BY ARTICLE 78 OF THAT TREATY, IS INADMISSIBLE .

11 . THE COSTS OF AN APPLICATION MUST BE CONSIDERED TO BE UNREASONABLE WHEN THE APPLICANT, ALTHOUGH SUCCESSFUL COULD, BY GREATER DILIGENCE, HAVE AVOIDED LITIGATION BY PRODUCING INFORMATION BEFORE THE DATE OF THE DISPUTED INDIVIDUAL DECISIONS, OR AT LEAST BEFORE THE DATE OF HIS APPLICATION .