Keywords

Summary



Keywords

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1 . TRANSPORT - OBLIGATIONS OF MEMBER STATES - IMPLEMENTATION - THE HIGH AUTHORITY'S POWERS - EXTENT

( ECSC TREATY, ARTICLES 5, 8, 70 )

2 . TRANSPORT - OBLIGATIONS OF MEMBER STATES - IMPLEMENTATION - THE HIGH AUTHORITY'S POWERS - MANNER OF EXERCISING POWERS - RECOMMENDATION

( ECSC TREATY, ARTICLE 70 )

3 . TRANSPORT - DISCRIMINATION - ECSC TREATY, ARTICLE 4 ( B ) - BASIC PRINCIPLE - REFERENCE TO THIS PROVISION

( ECSC TREATY, ARTICLES 4 ( B ), 70 )

4 . TRANSPORT - CONVENTION ON THE TRANSITIONAL PROVISIONS - PERMANENT VALIDITY OF PRINCIPLES

( CONVENTION ON THE TRANSITIONAL PROVISIONS, THIRD PARAGRAPH OF ARTICLE 10 )

5 . TRANSPORT - PUBLICITY - PROVISIONS OF THE ECSC TREATY - PLACE IN THE SYSTEM OF THE TREATY

( ECSC TREATY, ARTICLES 2 TO 5, 70 )

6 . TRANSPORT - PUBLICITY - PUBLICITY FOR TRANSPORT COSTS AND PRICES - RECOMMENDATION OF THE HIGH AUTHORITY - REQUEST TO MEMBER STATES TO ATTAIN THE OBJECTIVES OF ECSC TREATY, ARTICLE 60 - LEGALITY

( ECSC TREATY, ARTICLE 60 ( 2 ), ARTICLE 70 )

Summary

1 . THE EFFECT OF THE CONCRETE AND BINDING NATURE OF THE PROVISIONS OF ARTICLE 70 AND THE OBLIGATION IMPOSED UPON THE HIGH AUTHORITY BY THE SIXTH PARAGRAPH OF ARTICLE 5 AND BY ARTICLE 8 OF THE TREATY IS THAT THE HIGH AUTHORITY HAS THE POWER TO REQUIRE MEMBER STATES TO FULFIL THEIR OBLIGATIONS IN THE FIELD OF TRANSPORT .

WHEN THE HIGH AUTHORITY PROVIDES FOR MEASURES INVOLVING CHECKS AND SANCTIONS TO BE ADOPTED BY MEMBER STATES IN ORDER TO ENSURE COMPLIANCE WITH THEIR OBLIGATIONS UNDER ARTICLE 70, THIS IS THE OBVIOUS AND INEVITABLE COMPLEMENT OF THE OBLIGATIONS IMPOSED ON GOVERNMENTS . THE LATTER ARE ENTIRELY RESPONSIBLE NOT ONLY FOR THE ATTAINMENT OF THE AIMS OF ARTICLE 70 BUT ALSO FOR ENSURING THEIR IMPLEMENTATION .

2 . THE HIGH AUTHORITY IS NOT EMPOWERED TO ENSURE THAT THE PROVISIONS OF THE THIRD PARAGRAPH OF ARTICLE 70 ARE OBSERVED SAVE BY WAY OF A RECOMMENDATION ADDRESSED TO MEMBER STATES, SPECIFYING THEIR OBLIGATIONS UNDER THE TREATY; SUCH RECOMMENDATION CANNOT HOWEVER IMPOSE UPON THEM NEW OBLIGATIONS WHICH HAVE NO BASIS IN THE TREATY .

3 . ARTICLE 4 OF THE ECSC TREATY, WHICH PROHIBITS ALL DISCRIMINATION IN GENERAL AND EXPRESSLY MENTIONS TRANSPORT, IS THE BASIC PRINCIPLE FOR THE PURPOSES OF THE FIRST AND SECOND PARAGRAPHS OF ARTICLE 70 . THE REFERENCE TO THIS PRINCIPLE IS THEREFORE ENTIRELY JUSTIFIED .

4 . THE THIRD PARAGRAPH OF ARTICLE 10 OF THE CONVENTION ON TRANSITIONAL PROVISIONS IS PROVISIONAL ONLY AS REGARDS THE PROCEDURE FOR ITS IMPLEMENTATION . THE PRINCIPLES WHICH IT ESTABLISHES HAVE PERMANENT EFFECT .

5 . THE THIRD PARAGRAPH OF ARTICLE 70, FAR FROM BEING OF RESTRICTED AND LIMITED APPLICATION, MUST BE APPLIED TO TRANSPORT WITHIN THE FRAMEWORK OF THE GENERAL SCHEME OF THE TREATY AND OF THE FUNCTIONING OF THE COMMON MARKET FOR COAL AND STEEL AS SET FORTH IN PARTICULAR IN ARTICLES 2 TO 5 OF THE TREATY .

6 . THE HIGH AUTHORITY IS ENTITLED TO MAKE THE ATTAINMENT OF THE OBJECTIVES OF ARTICLE 60 OF THE ECSC TREATY THE AIM OF A RECOMMENDATION ADDRESSED TO MEMBER STATES RELATING TO PUBLICITY FOR TRANSPORT COSTS . IT IS IN FACT ENTITLED TO GUARANTEE APPROPRIATE PUBLICITY FOR TRANSPORT RATES IS PART OF ITS GENERAL TASK TO ENSURE THE ATTAINMENT OF THE OBJECTS LAID DOWN BY THE TREATY AND IT HAS THE RIGHT TO REQUIRE MEMBER STATES TO FACILITATE THE ACCOMPLISHMENT OF THIS TASK .