Keywords

Summary



Keywords

1 . PROCEDURE - DECISION REPLACING CONTESTED DECISION WHILE ACTION IN PROGRESS - NEW FACTOR - AMENDMENT OF PLEADINGS

2 . MEASURES ADOPTED BY THE INSTITUTIONS - WITHDRAWAL OF UNLAWFUL MEASURES - CONDITIONS

3 . ECSC - PRODUCTION - QUOTA SYSTEM - CONCOMITANT ADOPTION OF MEASURES CONCERNING IMPORTS FROM NON-MEMBER COUNTRIES - COMMISSION ' S POWER OF APPRAISAL

( ECSC TREATY , ART . 58 ( 1 ))

4 . MEASURES ADOPTED BY THE INSTITUTIONS - DECISIONS - DUTY TO STATE REASONS - LIMITS

5 . ECSC - PRODUCTION - QUOTA SYSTEM - ESTABLISHED ON AN EQUITABLE BASIS - COMMISSION ' S FREEDOM OF CHOICE - TAKING INTO ACCOUNT OF UNDERTAKINGS ' ACTUAL PRODUCTION - PERMISSIBILITY - PRODUCTION CAPACITY OF UNDERTAKINGS - EXCLUSION JUSTIFIED

6 . ECSC - PRODUCTION - QUOTA SYSTEM - PURPOSE - TO COMPENSATE FOR DISTORTIONS OF COMPETITION ATTRIBUTABLE TO STATE SUBSIDIES - NO

( ECSC TREATY , ART . 58 )

7 . ECSC - PRODUCTION - SYSTEM OF PRODUCTION QUOTAS FOR STEEL - ESTABLISHED ON AN EQUITABLE BASIS - CHOICE OF A PARTICULAR PERIOD OF REFERENCE - DISCRIMINATION AGAINST CERTAIN UNDERTAKINGS - NONE - APPLICATION OF RELIEF CLAUSE IN CASES OF HARDSHIP

( ECSC TREATY , ART . 58 ; DECISION NO 2794/80 , ART . 14 )

8 . ECSC - PRODUCTION - SYSTEM OF PRODUCTION QUOTAS FOR STEEL - ESTABLISHED ON AN EQUITABLE BASIS - TAKING INTO ACCOUNT OF UNDERTAKINGS ' REFERENCE PRODUCTION - GROUNDS FOR ADJUSTMENT - PARTICIPATION IN A VOLUNTARY DELIVERY PROGRAMME - NOT A SANCTION AGAINST OTHER UNDERTAKINGS

( DECISION NO 2794/80 , ART . 4 ( 3 ))

9 . ECSC - PRODUCTION - SYSTEM OF PRODUCTION QUOTAS FOR STEEL - ESTABLISHED ON AN EQUITABLE BASIS - TAKING INTO ACCOUNT OF UNDERTAKINGS ' REFERENCE PRODUCTION - GROUNDS FOR ADJUSTMENT - PARTICIPATION IN A VOLUNTARY DELIVERY PROGRAMME - PRINCIPLE THAT LEGITIMATE EXPECTATIONS MUST BE PROTECTED - BREACH - NONE

( DECISION NO 2794/80 , ART . 4 ( 3 ))

Summary

1 . AN INDIVIDUAL DECISION WHICH REPLACES A PREVIOUS DECISION HAVING THE SAME SUBJECT-MATTER WHILE AN ACTION IS IN PROGRESS MUST BE REGARDED AS A NEW FACTOR WHICH ALLOWS THE APPLICANT TO AMEND HIS PLEADINGS . IT WOULD NOT BE IN THE INTERESTS OF THE DUE ADMINISTRATION OF JUSTICE AND THE REQUIREMENTS OF PROCEDURAL ECONOMY TO OBLIGE THE APPLICANT TO MAKE A FRESH APPLICATION TO THE COURT . MOREOVER , IT WOULD BE INEQUITABLE IF THE INSTITUTION WERE ABLE , IN ORDER TO COUNTER CRITICISMS OF A DECISION CONTAINED IN AN APPLICATION TO THE COURT , TO AMEND THE CONTESTED DECISION OR TO SUBSTITUTE ANOTHER FOR IT AND TO RELY IN THE PROCEEDINGS ON SUCH AN AMENDMENT OR SUBSTITUTION IN ORDER TO DEPRIVE THE OTHER PARTY OF THE OPPORTUNITY OF EXTENDING HIS ORIGINAL PLEADINGS TO THE LATER DECISION OR OF SUBMITTING SUPPLEMENTARY PLEADINGS DIRECTED AGAINST THAT DECISION .

2 . THE WITHDRAWAL OF AN UNLAWFUL MEASURE IS PERMISSIBLE , PROVIDED THAT THE WITHDRAWAL OCCURS WITHIN A REASONABLE TIME AND PROVIDED THAT THE INSTITUTION FROM WHICH IT ORIGINATES HAS SUFFICIENT REGARD TO HOW FAR PERSONS TO WHOM THE MEASURE WAS ADDRESSED MIGHT HAVE BEEN LED TO RELY ON THE LAWFULNESS THEREOF .

3 . UNDER THE TERMS OF ARTICLE 58 ( 1 ) OF THE ECSC TREATY THE COMMISSION HAS POWER TO TAKE ' ' TO THE NECESSARY EXTENT ' ' THE MEASURES PROVIDED FOR IN ARTICLE 74 AT THE SAME TIME AS ANY MEASURE TAKEN ON THE BASIS OF ARTICLE 58 . THE APPRAISAL OF THE NECESSITY OF TAKING SUCH MEASURES IS A MATTER FOR THE COMMISSION , SUBJECT TO THE COURT ' S POWER TO REVIEW THE LAWFULNESS OF THE COMMISSION ' S EXERCISE OF ITS DISCRETION .

4 . ALTHOUGH THE COMMISSION HAS A DUTY TO SET OUT , IN A CONCISE BUT CLEAR AND RELEVANT MANNER , THE PRINCIPAL ISSUES OF LAW AND FACT UPON WHICH ITS DECISIONS ARE BASED , SO THAT THE REASONING WHICH LED IT TO ADOPT THEM MAY BE UNDERSTOOD , IT IS NOT REQUIRED TO DISCUSS ALL THE OBJECTIONS WHICH MIGHT BE RAISED AGAINST ITS DECISIONS ; NOR MAY IT BE REQUIRED TO INDICATE ITS REASONS FOR NOT ADOPTING MEASURES OTHER THAN THOSE CONTAINED IN THE DECISIONS , WHERE THE ADOPTION OF THOSE OTHER MEASURES WAS A MATTER FOR ITS DISCRETION .

5 . ARTICLE 58 ( 2 ) OF THE TREATY DOES NOT RESTRICT THE COMMISSION ' S FREEDOM TO CHOOSE THE BASIS UPON WHICH THE QUOTAS MAY BE EQUITABLY DETERMINED IN A GIVEN ECONOMIC SITUATION . THERE ARE NO REASONABLE GROUNDS FOR DENYING THAT THE COMMISSION ' S CHOICE OF THE CRITERION BASED ON UNDERTAKINGS ' ACTUAL PRODUCTION MAY CONSTITUTE AN ' ' EQUITABLE BASIS ' ' WITHIN THE MEANING OF ARTICLE 58 ( 2 ). INDEED , THAT CRITERION , AS ADJUSTED BY ARTICLE 4 OF DECISION NO 2794/80 , CONSTITUTES , IN THE FIRST PLACE , AN OBJECTIVE BASIS OF ASSESSMENT WHICH AVOIDS THE UNCERTAINTIES INHERENT IN DETERMINING A FACTOR WHICH IS PARTLY CONJECTURAL , SUCH AS PRODUCTION CAPACITY ; SECONDLY , IT ENABLES TOTAL PRODUCTION TO BE REDUCED WITHOUT ALTERING THE POSITIONS OF THE UNDERTAKINGS ON THE MARKET AS BETWEEN EACH OTHER .

6 . ARTICLE 58 IS NOT DESIGNED TO COMPENSATE FOR DISTORTIONS OF COMPETITION ATTRIBUTABLE TO STATE SUBSIDIES , FOR WHICH THE COMMISSION HAS OTHER MEANS OF ACTION AT ITS DISPOSAL .

7 . THE FACT THAT UNDERTAKINGS WERE ALLOWED TO HAVE QUOTAS CALCULATED ON THE BASIS OF THEIR BEST PERFORMANCE DURING THE PERIOD OF REFERENCE FIXED BY DECISION NO 2794/80 DOES NOT AMOUNT TO DISCRIMINATION AGAINST UNDERTAKINGS WHOSE RECENT EQUIPMENT WAS NOT FULLY IN OPERATION WHEN THAT PERIOD BEGAN . IF THE QUOTAS THUS ALLOCATED TO THEM GIVE RISE TO DIFFICULTY , SUCH UNDERTAKINGS MAY SUBMIT A REQUEST TO THE COMMISSION FOR AN ADJUSTMENT PURSUANT TO ARTICLE 14 OF THE GENERAL DECISION . THAT ARTICLE IS SPECIFICALLY DESIGNED TO PROVIDE RELIEF ; ITS USEFULNESS AND VALUE ARE UNDENIABLE AND IT ENABLES THE EFFECTS OF OTHER PROVISIONS OF THE GENERAL DECISION TO BE ADJUSTED AS AND WHEN APPROPRIATE .

8 . ARTICLE 4 ( 3 ) OF DECISION NO 2794/80 WAS DESIGNED TO TAKE ACCOUNT OF THE POSITION OF CERTAIN UNDERTAKINGS WHICH HAD BEEN PLACED AT A PARTICULAR DISADVANTAGE OWING TO THEIR PARTICIPATION IN A VOLUNTARY DELIVERY PROGRAMME . THAT IN NO WAY CONSTITUTES A SANCTION AGAINST OTHER UNDERTAKINGS AND THE PROVISION MAY NOT THEREFORE BE CONSIDERED TO BE IN BREACH OF THE PRINCIPLE OF NULLA POENA SINE LEGE .

9 . ARTICLE 4 ( 3 ) OF DECISION NO 2794/80 DID NOT OFFEND AGAINST THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION , FOR THE UNDERTAKINGS WHICH DID NOT PARTICIPATE IN VOLUNTARY DELIVERY PROGRAMMES COULD NOT REASONABLY EXPECT TO CONTINUE TO ENJOY , AFTER THE INTRODUCTION OF A QUOTA SYSTEM , THE COMPETITIVE ADVANTAGE WHICH THEY HAD HAD OVER UNDERTAKINGS WHICH DID PARTICIPATE IN SUCH PROGRAMMES .