Judgment of the Court of 23 April 1956. - Association des Utilisateurs de Charbon du Grand-Duché de Luxembourg v High Authority of the European Coal and Steel Community. - Joined cases 8-54 and 10-54.



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Summary

Parties

Subject of the case

Grounds

Operative part



Keywords

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PROCEDURE - ABSTENTION OF THE HIGH AUTHORITY - CAPACITY TO LODGE AN ADMINISTRATIVE COMPLAINT

( ECSC TREATY, ART . 35 )

Summary

( CF . PARA . 1, SUMMARY, JUDGMENT IN JOINED CASES 7 AND 9/54 ):

THE EXPRESSION " AS THE CASE MAY BE " MUST BE CONSIDERED AS GIVING THE POWER TO RAISE A MATTER WITH THE HIGH AUTHORITY TO THE PERSONS SPECIFIED IN ARTICLE 35 WHO HAVE AN INTEREST IN THE DECISION WHICH THE HIGH AUTHORITY IS REQUIRED TO TAKE OR IN THE RECOMMENDATION WHICH IT IS REQUIRED TO MAKE .

THE ASSOCIATIONS REFERRED TO IN ARTICLE 35 MAY ONLY BE ASSOCIATIONS OF UNDERTAKINGS WITHIN THE MEANING GIVEN TO THE WORD " UNDERTAKING " BY ARTICLE 80 OF THE TREATY FOR THE PURPOSES OF THE WHOLE TREATY .

*/ 654J0007 /*.

Parties

IN JOINED CASES 8 AND 10/54

ASSOCIATION DES UTILISATEURS DE CHARBON DU GRAND-DUCHE DU LUXEMBOURG, REPRESENTED BY ITS ADMINISTRATIVE BOARD, ASSISTED BY ALEX BONN, ADVOCATE IN LUXEMBOURG, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT ITS REGISTERED OFFICE, 8, AVENUE DE L'ARSENAL, APPLICANT,

V

HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY, REPRESENTED BY ITS LEGAL ADVISER, NICOLA CATALANO, ACTING AS AGENT, ASSISTED BY ERNEST ARENDT, ADVOCATE IN LUXEMBOURG, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT ITS OFFICES, 2, PLACE DE METZ, DEFENDANT,

GOVERNMENT OF THE GRAND DUCHY OF LUXEMBOURG, REPRESENTED BY PIERRE PESCATORE, LEGAL ADVISER TO THE MINISTRY FOR FOREIGN AFFAIRS WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE MINISTRY FOR FOREIGN AFFAIRS, 5, RUE NOTRE-DAME, INTERVENER,

Subject of the case

APPLICATION FOR, FIRST, THE ANNULMENT OF THE IMPLIED DECISION OF REFUSAL RESULTING, UNDER ARTICLE 35 OF THE TREATY, FROM THE SILENCE OF THE HIGH AUTHORITY WITH REGARD TO THE LETTER OF 20 JULY 1954 IN WHICH THE APPLICANT REQUESTED IT TO TAKE A DECISION OR MAKE A RECOMMENDATION CONCERNING THE ACTIVITIES OF THE OFFICE COMMERCIAL DU RAVITAILLEMENT OF THE GRAND DUCHY OF LUXEMBOURG ( COMMERCIAL SUPPLY OFFICE ) AND CONCERNING THE CAISSE DE COMPENSATION ( EQUALIZATION FUND ) ATTACHED TO THAT OFFICE BY THE MINISTERIAL ORDER OF 8 MARCH 1954 ( CASE 8/54 );

SECONDLY, FOR THE ANNULMENT " IN SO FAR AS IS NECESSARY " OF THE DECISION OF REFUSAL OF THE HIGH AUTHORITY, FOLLOWING FROM ITS LETTER OF 27 NOVEMBER 1954, OF THE REQUEST CONTAINED IN THE LETTER OF 20 JULY 1954 ( CASE 10/54 ),

Grounds

P . 239

THE COURT

FOR THE PURPOSE OF GIVING JUDGMENT IN THE PRESENT CASES, PUTS FORWARD THE FOLLOWING CONSIDERATIONS IN LAW :

1 . ADMISSIBILITY OF APPLICATIONS 8/54 AND 10/54

A - CAPACITY OF THE APPLICANT TO RAISE THE MATTER WITH THE HIGH AUTHORITY IN APPLICATION OF ARTICLE 33 OF THE TREATY

ARTICLE 35 ENABLES " UNDERTAKINGS OR ASSOCIATIONS " TO RAISE A MATTER WITH THE HIGH AUTHORITY .

THE ASSOCIATIONS REFERRED TO IN THIS EXPRESSION MAY ONLY BE ASSOCIATIONS OF UNDERTAKINGS WITHIN THE MEANING GIVEN TO THE WORD " UNDERTAKING " BY ARTICLE 80 OF THE TREATY FOR THE PURPOSES OF THE WHOLE TREATY .

IF IN FACT THIS WERE NOT SO, AN ASSOCIATION COULD FIND ITSELF IN A POSITION TO INSTITUTE PROCEEDINGS WHERE NONE OF THE INDIVIDUAL MEMBERS OF WHICH IT IS FORMED COULD HAVE DONE SO ON ITS OWN .

IN THE ABSENCE OF ANY INDICATION TO THE CONTRARY, THE TREATY DOES NOT ESTABLISH SUCH DIFFERENCES IN THE TREATMENT OF AN ASSOCIATION AND THE MEMBERS OF WHICH IT IS FORMED .

P . 240

IT IS NECESSARY TO INQUIRE WHETHER THE APPLICANT FULFILS THE ABOVE-MENTIONED CONDITION .

THE ASSOCIATION DES UTILISATEURS DE CHARBON DU GRAND-DUCHE DE LUXEMBOURG HAS BEEN FORMED BETWEEN :

THE FEDERATION DES INDUSTRIELS LUXEMBOURGEOIS

THE GROUPEMENT DES INDUSTRIES SIDERURGIQUES LUXEMBOURGEOISES

THE GROUPEMENT DES NEGOCIANTS DE COMBUSTIBLES EN GROS

THE SOCIETE NATIONALE DES CHEMINS DE FER LUXEMBOURGEOIS AND MR LEON BRASSEUR, ENGINEER, REPRESENTING THE GAS WORKS OF THE GRAND DUCHY OF LUXEMBOURG .

UNDER ARTICLE 1 OF ITS STATUTE, ITS OBJECTS ARE :

( A ) TO DEFEND AND REPRESENT THE INTERESTS OF COAL CONSUMERS WITHIN THE FRAMEWORK OF THE OBJECTIVES PURSUED BY THE EUROPEAN COAL AND STEEL COMMUNITY;

( B ) TO GIVE OPINIONS ON QUESTIONS OF INTEREST TO COAL CONSUMERS WHICH ANY ORGAN OF THE EUROPEAN COAL AND STEEL COMMUNITY OR ANY OTHER AUTHORITY MAY SUBMIT TO IT .

IT IS ALSO, AS ITS TITLE EXPRESSLY INDICATES, AN ASSOCIATION OF COAL CONSUMERS .

THE FACT THAT THE GROUPEMENT DES INDUSTRIES SIDERURGIQUES LUXEMBOURGEOISES IS ONE OF ITS MEMBERS DOES NOT ALTER THIS CHARACTER AND, MOREOVER, THAT BODY HAS ALREADY LODGED ON ITS OWN ACCOUNT AN APPLICATION WITH THE SAME PURPOSE .

ARTICLE 1 OF THE STATUTE OF THE ASSOCIATION LEAVES NO DOUBT THAT ITS OBJECT IS TO DEFEND AND TO REPRESENT THE INTERESTS OF ITS MEMBERS IN THEIR CAPACITY AS COAL CONSUMERS AND TO GIVE OPINIONS ON QUESTIONS OF INTEREST TO COAL CONSUMERS .

FOR THOSE REASONS, WITHOUT THIS FINDING PREJUDGING THE NECESSARY CAPACITY TO LODGE AN APPLICATION UNDER OTHER ARTICLES OF THE TREATY, THE ASSOCIATION DES UTILISATEURS DE CHARBON DU GRAND-DUCHE IS NOT ONE OF THE ASSOCIATIONS ENABLED TO RAISE THE MATTER WITH THE HIGH AUTHORITY IN APPLICATION OF THE PROVISIONS OF ARTICLE 35 .

FOR THAT REASON, APPLICATIONS 8/54 AND 10/54 ARE INADMISSIBLE .

IN THOSE CIRCUMSTANCES, THE APPLICANT MUST BE ORDERED TO BEAR THE COSTS .

Operative part

THE COURT

HEREBY :

DISMISSES THE APPLICATIONS IN JOINED CASES 8 AND 10/54;

ORDERS THE APPLICANT TO BEAR THE COSTS INCLUDING THOSE OF THE INTERVENER .