Keywords

Summary



Keywords

1 . APPLICATION FOR A DECLARATION THAT A MEASURE IS VOID - APPLICATION CHALLENGING AN INDIVIDUAL DECISION UNDER THE ECSC TREATY NOT YET NOTIFIED OR PUBLISHED - ADMISSIBLE - IDENTICAL APPLICATION LODGED AFTER PUBLICATION OF THE DECISION - INADMISSIBLE

( ECSC TREATY , ART . 33 , THIRD PARA .)

2 . APPLICATION FOR A DECLARATION THAT A MEASURE IS VOID - APPLICATION BROUGHT BY AN UNDERTAKING AGAINST AN INDIVIDUAL DECISION UNDER THE ECSC TREATY WHICH IS NOT ADDRESSED TO IT - DECISION PERMITTING BENEFITS TO BE GRANTED TO ITS COMPETITORS

( ECSC TREATY , ART . 33 , SECOND PARA .)

3 . APPLICATION FOR A DECLARATION THAT A MEASURE IS VOID - INTEREST IN BRINGING AN ACTION - COMPLIANCE WITH THE CONTESTED DECISION - NO EFFECT

( ECSC TREATY , ART . 39 )

4 . MEASURES ADOPTED BY THE INSTITUTIONS - DUTY TO STATE REASONS - SCOPE - ECSC DECISION

( ECSC TREATY , ARTS 5 AND 15 )

5 . ECSC - AID FOR THE STEEL INDUSTRY - COMMISSION DECISION SUBJECTING THE GRANT OF STATE AID TO A REDUCTION IN PRODUCTION CAPACITY - AMOUNT OF THE REDUCTION FIXED ON AN ERRONEOUS BASIS - ILLEGAL

( GENERAL DECISION NO 2320/81 ; DECISION NO 83/398/ECSC , ART . 2 ( 1 ))

Summary

1 . THE THIRD PARAGRAPH OF ARTICLE 33 OF THE ECSC TREATY DOES NOT PREVENT AN APPLICANT FROM LODGING AN APPLICATION WITH THE COURT AS SOON AS THE CONTESTED DECISION HAS BEEN ADOPTED , WITHOUT WAITING FOR IT TO BE NOTIFIED OR PUBLISHED . A SECOND APPLICATION WHICH WAS LODGED AFTER PUBLICATION OF THE CONTESTED DECISION AND WHICH INVOLVES THE SAME PARTIES AND SEEKS THE ANNULMENT OF THE SAME DECISION ON THE SAME GROUNDS AS THE FIRST MUST BE DISMISSED AS INADMISSIBLE .

2 . FOR PURPOSES OF THE SECOND PARAGRAPH OF ARTICLE 33 OF THE ECSC TREATY , AN UNDERTAKING IS ' CONCERNED ' BY AN INDIVIDUAL DECISION OF THE COMMISSION AUTHORIZING THE GRANT OF BENEFITS TO ONE OR MORE UNDERTAKINGS WHICH ARE IN COMPETITION WITH IT .

3 . SINCE ACCORDING TO ARTICLE 39 OF THE ECSC TREATY AN ACTION BROUGHT BEFORE THE COURT DOES NOT HAVE SUSPENSORY EFFECT , THE FACT THAT THE APPLICANT HAS COMPLIED WITH THE CONTESTED DECISION CANNOT DEPRIVE IT OF ITS INTEREST IN SEEKING A DECLARATION THAT THAT DECISION IS VOID .

4 . ALTHOUGH THE STATEMENT OF THE REASONS ON WHICH A DECISION IS BASED MUST ENABLE THE COURT TO REVIEW THE DECISION ' S LEGALITY AND PROVIDE THE PERSONS CONCERNED WITH THE INFORMATION NEEDED TO DETERMINE WHETHER OR NOT THE DECISION IS WELL-FOUNDED , THE STATEMENT OF REASONS REQUIRED BY ARTICLES 5 AND 15 OF THE ECSC TREATY DEPENDS ON THE CIRCUMSTANCES OF THE CASE , IN PARTICULAR THE CONTENT OF THE MEASURE , THE NATURE OF THE REASONS RELIED UPON AND THE INTEREST WHICH THE ADDRESSEES OR OTHER PERSONS CONCERNED BY THE MEASURE FOR PURPOSES OF THE SECOND PARAGRAPH OF ARTICLE 33 OF THE ECSC TREATY MAY HAVE IN OBTAINING AN EXPLANATION .

5 . WHERE THE COMMISSION HAS DETERMINED THE REDUCTION IN THE PRODUCTION CAPACITY OF THE STEEL INDUSTRY OF A MEMBER STATE TO BE REQUIRED AS A CONDITION FOR THE GRANT OF STATE AID ON THE BASIS OF A COMPARISON BETWEEN THE CAPACITY REDUCTION REQUIRED OF ALL THE STEEL UNDERTAKINGS IN THE COMMUNITY AND THE REDUCTION PROPOSED BY THE MEMBER STATE IN QUESTION , AN ERRONEOUS ASSESSMENT OF THE SIZE OF THAT PROPOSAL , RESULTING IN ITS ARTIFICIAL REDUCTION , CONSTITUTES GROUNDS FOR A DECLARATION BY THE COURT THAT THE RELEVANT PROVISIONS OF THE DECISION ADOPTED ON THAT BASIS ARE VOID .