Keywords

Summary



Keywords

++++

1 . PROCEDURE - APPLICATION FOR ANNULMENT - INDIVIDUAL DECISION - RETENTION OF DISCRIMINATORY RATES AND CONDITIONS - INTEREST IN INSTITUTING PROCEEDINGS

( ECSC TREATY, SECOND PARAGRAPH OF ARTICLE 33 )

2 . COMPETITION - UNDERTAKINGS IN COMPETITION WITHIN THE COMMON MARKET - CONCEPT

3 . TRANSPORT - TARIFF FIXED TO MEET COMPETITION - CONCEPT

4 . TRANSPORT - RATES AND CONDITIONS - SPECIAL INTERNAL RATES AND CONDITIONS WHICH CONSTITUTE TARIFFS FIXED TO MEET COMPETITION - LEGALITY

( ECSC TREATY, ARTICLE 70 )

5 . TRANSPORT - RATES AND CONDITIONS - TARIFF ARRANGEMENTS INCLUDING SPECIAL RATES AND CONDITIONS EACH OF WHICH IS ACKNOWLEDGED TO BE LAWFUL - LEGALITY OF SUCH A SYSTEM

( ECSC TREATY, ARTICLE 70 )

6 . TRANSPORT - SPECIAL INTERNAL RATES AND CONDITIONS WHICH ARE INCOMPATIBLE WITH THE TREATY - MODIFICATION - TIME-LIMITS

( ECSC TREATY, CONVENTION ON THE TRANSITIONAL PROVISIONS, ARTICLE 1 ( 5 ), SEVENTH PARAGRAPH OF ARTICLE 10 )

7 . PROCEDURE - ACTION FOR FAILURE TO ACT - OBJECT - REFUSAL OF THE HIGH AUTHORITY FOLLOWING A FORMAL DEMAND TO DO SO

( ECSC TREATY, ARTICLE 35 )

Summary

1 . A DECISION ACKNOWLEDGING THAT A TARIFF WHICH MIGHT AFFECT COMPETITION BETWEEN UNDERTAKINGS IS LAWFUL IS OF CONCERN, WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 33, TO UNDERTAKINGS WHICH DO NOT BENEFIT FROM IT AND COMPETE WITH THOSE WHICH DO .

2 . UNDERTAKINGS WHICH CARRY ON THE SAME PRODUCTIVE ACTIVITY IN THE COMMON MARKET, SELL THE SAME PRODUCTS AND OBTAIN THEIR SUPPLIES OF MINERAL FUELS FROM THE SAME MINES ARE IN COMPETITION WITH EACH OTHER .

3 . TARIFFS WHICH ENABLE A CARRIER TO MAINTAIN HIS OWN TARIFF IN THE FACE OF COMPETITION FROM ANOTHER MODE OF TRANSPORTATION ARE TO BE REGARDED AS TARIFFS FIXED TO MEET COMPETITION .

4 . SPECIAL INTERNAL RATES AND CONDITIONS WHICH CONSTITUTE TARIFFS FIXED TO MEET COMPETITION COMPLY WITH THE PRINCIPLES OF THE TREATY .

5 . IF SPECIAL TARIFFS CONSIDERED SEPARATELY ARE ACKNOWLEDGED TO BE LAWFUL, IT MUST ALSO BE ASSUMED THAT THE TARIFF ARRANGEMENTS OF WHICH THEY FORM PART, CONSIDERED AS A WHOLE, ARE LAWFUL .

6 . AS FAR AS THE DURATION OF THE PERIOD, WHICH THE HIGH AUTHORITY HAS TO ALLOW FOR THE MODIFICATION OF SPECIAL INTERNAL RATES AND CONDITIONS CONTRAVENING THE TREATY, IS CONCERNED, THE PRINCIPLE SET OUT IN THE SECOND PARAGRAPH OF ARTICLE 1 ( 5 ) OF THE CONVENTION ON THE TRANSITIONAL PROVISIONS DOES NOT APPLY TO THE SEVENTH PARAGRAPH OF ARTICLE 10 OF THE CONVENTION . THE HIGH AUTHORITY IS THEREFORE NOT ONLY ENTITLED BUT FORCED TO GRANT PERIODS OF TIME WHICH EXCEED THE EXPIRATION OF THE TRANSITIONAL PERIOD IF IT CONSIDERS THIS TO BE NECESSARY IN ORDER TO AVOID ANY SERIOUS ECONOMIC DISTURBANCE ( CF . JUDGMENT OF THE COURT IN JOINED CASES 27 TO 29/58, SUMMARY NO 5 ).

7 . UNDER ARTICLE 35 OF THE TREATY AN ACTION AGAINST THE HIGH AUTHORITY FOR FAILURE TO ACT CAN ONLY BE BROUGHT IF THE MATTER HAS PREVIOUSLY BEEN RAISED WITH IT . SUCH AN ACTION CAN ONLY BE DIRECTED AGAINST THE REFUSAL OF THE HIGH AUTHORITY TO TAKE THE DECISION WHICH IT WAS CALLED UPON TO ADOPT ( CF . JUDGMENT OF THE COURT IN CASE 17/57, SUMMARY NO 1; JUDGMENT OF THE COURT IN CASES 7/54 AND 9/54, REC . 1955/1956, VOL . II, P . 89-90 )