Keywords

Summary



Keywords

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1 . PROCEDURE - APPLICATION FOR ANNULMENT - DECISIONS OF THE HIGH AUTHORITY - GENERAL OR INDIVIDUAL NATURE

( TREATY, ART . 33; CONVENTION ON THE TRANSITIONAL PROVISIONS, ART . 26 ).

2 . PROCEDURE - LETTER OF THE HIGH AUTHORITY - IN THE NATURE OF A DECISION

( TREATY, ART . 14 )

3 . PROCEDURE - APPLICATION FOR ANNULMENT - GENERAL DECISION - UNDERTAKINGS - ADMISSIBILITY LIMITED TO THE SUBMISSION BASED ON MISUSE OF POWERS

( TREATY, ART . 33 ).

4 . TRANSITIONAL PERIOD - BELGIAN COAL - ESTIMATED PRODUCTION COSTS

( CONVENTION ON THE TRANSITIONAL PROVISIONS, ART . 26 ).

Summary

1 . DECISION NO 22/55, ADOPTED WITHIN THE CONTEXT OF A SPECIAL SYSTEM PROVIDED FOR IN RELATION TO BELGIUM FOR THE DURATION OF THE TRANSITIONAL PERIOD BY ARTICLE 26 OF THE CONVENTION WHICH APPLIES IN ACCORDANCE WITH SPECIFIC RULES, HOWEVER DETAILED AND VARIED THEY MAY BE, TO ALL UNDERTAKINGS AND TRANSACTIONS GOVERNED BY THAT SYSTEM, IS IN THE NATURE OF A GENERAL DECISION . IN THIS INSTANCE, THE FACT THAT ALL THE UNDERTAKINGS REFERRED TO BY THE CONTESTED DECISION ARE GROUPED WITHIN THE APPLICANT ASSOCIATION DOES NOT AFFECT THE GENERAL NATURE OF THAT DECISION . THE TERRITORIAL LIMITATION OF THE AREA OF APPLICATION OF THE CONTESTED DECISION DOES NOT IMPLY INDIVIDUAL IDENTIFICATION; THE FACT THAT A GENERAL DECISION HAS SPECIFIC CONSEQUENCES DOES NOT AFFECT ITS NATURE AS A GENERAL DECISION . THE QUESTION WHETHER A DECISION IS INDIVIDUAL OR GENERAL IN NATURE MUST BE DECIDED ON THE BASIS OF OBJECTIVE CRITERIA; IT DOES NOT DEPEND UPON ITS FORM BUT ON ITS SCOPE .

2 . THE PASSAGE IN THE LETTER OF THE HIGH AUTHORITY OF 28 MAY 1955, DETERMINING UNEQUIVOCALLY THE ATTITUDE WHICH IT HAS DECIDED TO TAKE SHOULD CERTAIN CIRCUMSTANCES MENTIONED IN THE LETTER ARISE, IS IN THE NATURE OF A DECISION WITHIN THE MEANING OF ARTICLE 14 OF THE TREATY .

3 . IF THE TREATY PROVIDES THAT PRIVATE UNDERTAKINGS ARE ENTITLED TO SEEK THE ANNULMENT OF A GENERAL DECISION ON THE GROUND OF MISUSE OF POWERS AFFECTING THEM, THAT IS BECAUSE THEY HAVE NO RIGHT OF ACTION ON ANY OTHER GROUND . THERE IS NOTHING IN THE TREATY FROM WHICH IT MAY BE CONCLUDED THAT PRIVATE UNDERTAKINGS HAVE BEEN GRANTED SUCH A RIGHT TO REVIEW THE " CONSTITUTIONALITY " OF GENERAL DECISIONS, SINCE THEY ARE QUASI-LEGISLATIVE MEASURES ADOPTED BY A PUBLIC AUTHORITY WITH LEGISLATIVE EFFECT " ERGA OMNES ". IF ARTICLE 33 ACCEPTS THE EXISTENCE OF A RIGHT TO BRING AN APPLICATION FOR THE ANNULMENT OF A GENERAL DECISION ON THE GROUND OF MISUSE OF POWERS AFFECTING AN UNDERTAKING, THAT IS AN EXCEPTION WHICH IS EXPLAINED BY THE FACT THAT, IN THIS CASE, IT IS STILL THE INDIVIDUAL FACTOR WHICH PREVAILS . IN ORDER FOR AN APPLICATION FOR THE ANNULMENT OF A GENERAL DECISION TO BE ADMISSIBLE IT IS SUFFICIENT FOR THE APPLICANT TO CLAIM FORMALLY THAT THERE HAS BEEN A MISUSE OF POWERS AFFECTING IT, INDICATING CONVINCINGLY THE REASONS WHICH, IN ITS OPINION, GIVE RISE TO THE PRESUMPTION OF A MISUSE OF POWERS; EXAMINATION OF THE JUSTIFICATION FOR THE SUBMISSION OF MISUSE OF POWERS THUS RELIED ON IS A QUESTION OF SUBSTANCE .

4 . WHEN, DURING THE TRANSITIONAL PERIOD, THERE IS A CHANGE IN THE ESTIMATED LEVEL OF PRODUCTION COSTS AT THE END OF THAT PERIOD, A NEW ASSESSMENT MUST BE MADE WHICH TAKES THAT FACTOR INTO ACCOUNT . ADDITIONAL INFORMATION AS TO THE ESTIMATED LEVEL OF PRODUCTION COSTS FOR EACH CATEGORY AND TYPE ARE NECESSARY IN ORDER TO GIVE JUDGMENT IN THIS INSTANCE .