OF THE HIGH AUTHORITY LEADING, WHERE APPROPRIATE, TO THE ANNULMENT OF ILLEGAL ACTS, WHEREAS AN APPLICATION FOR REPARATION CAN GIVE RISE ONLY TO AN ORDER DIRECTED TO THE HIGH AUTHORITY TO MAKE GOOD THE INJURY CAUSED BY ITS CONDUCT . AN APPLICATION FOR ANNULMENT HAS A MUCH MORE MARKED IMPACT ON THE HIGH AUTHORITY'S FIELD OF ACTIVITY WHILST AN APPLICATION FOR REPARATION CAN DEAL ONLY WITH THE CONSEQUENCES OF THAT ACTIVITY .
ON THE OTHER HAND THE PROBLEM ARISES IN A DIFFERENT MANNER IN THE CASE OF AN ACTION FOR REPARATION,
ON THE ONE HAND BECAUSE THE SUBJECT-MATTER OF THE APPLICATION FOR REPARATION IS MUCH MORE LIMITED THAN THAT OF AN APPLICATION FOR ANNULMENT, AND BECAUSE THE BASIS OF THE ACTION IS SUBJECT TO PROOF OF THE EXISTENCE OF A WRONGFUL ACT OR OMISSION;
ON THE OTHER HAND BECAUSE NO REASON CAN JUSTIFY THE REFUSAL OF ANY LEGAL PROTECTION TO NATURAL OR LEGAL PERSONS WHO ARE NOT SUBJECT TO THE JURISDICTION OF THE COMMUNITY, WHEN SUCH DAMAGE IS CAUSED BY A WRONGFUL ACT OR OMISSION COMMITTED IN THE IMPLEMENTATION OF THE TREATY, A MATTER IN WHICH THE COURT HAS EXCLUSIVE JURISDICTION, WHILST ANY NATURAL OR LEGAL PERSON MAY BY APPLICATION TO THE COMPETENT NATIONAL COURTS OBTAIN REPARATION FOR DAMAGE CAUSED BY COMMUNITY INSTITUTIONS OUTSIDE THE APPLICATION OF THE TREATY ( THIRD PARAGRAPH OF ARTICLE 40 ).
FOR THE REASONS SET OUT ABOVE, THE OBJECTION OF INADMISSIBILITY RAISED BY THE DEFENDANT MUST BE DISMISSED .
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3 . SUBJECT-MATTER OF THE APPLICATION
THE DEFENDANT FURTHER MAINTAINED THAT THE APPLICANT CONFINED ITSELF IN ITS APPLICATION TO COMPLAINING OF THE HIGH AUTHORITY'S CONDUCT AS FROM 1957 AND THAT IT EXTENDED ITS CLAIM IN THE REPLY, IN WHICH IT BELATEDLY CRITICIZED THE PREVIOUS CONDUCT OF THE HIGH AUTHORITY .
IT IS IN THE CONTEXT OF THE EXAMINATION OF THE SUBSTANCE OF THE CASE THAT A DECISION MAY BE CALLED FOR ON WHETHER A FAILURE TO ACT BY THE HIGH AUTHORITY MAY CONSTITUTE A WRONGFUL OMISSION INDEPENDENTLY OF ANY REQUEST FROM THOSE CONCERNED . WITHIN THE CONTEXT OF ADMISSIBILITY IT IS ENOUGH TO SAY THAT THE SUBJECT MATTER OF THE CLAIM WAS SET OUT IN THE APPLICATION WITH SUFFICIENT CLARITY IN THE ARGUMENTS RELIED UPON BY THE APPLICANT, WHICH COMPLAINS THAT THE HIGH AUTHORITY NEVER ACTED, AS IT WAS ITS DUTY TO DO, IN ORDER TO ENSURE RESPECT BY THE FRENCH GOVERNMENT FOR THE RULE OF FREE MOVEMENT OF PRODUCTS IMPORTED FROM THIRD COUNTRIES . ON THE OTHER HAND, THERE MUST BE NO CONFUSION BETWEEN THE SUBJECT-MATTER OF THE APPLICATION, WHICH IS REPARATION FOR DAMAGE CAUSED AS FROM A PARTICULAR TIME, WITH THE LEGAL ARGUMENTS RELIED ON TO SHOW THE EXISTENCE OF A WRONGFUL ACT OR OMISSION, SINCE THESE ARGUMENTS MAY BE SUPPLEMENTED AND EXPOUNDED IN GREATER DETAIL DURING THE COURSE OF THE PROCEEDINGS .
THIS SECOND OBJECTION MUST THEREFORE ALSO BE DISMISSED .
C -ON THE SUBSTANCE OF THE CASE
( A ) THE APPLICANT MAINTAINS THAT WHEN THE TREATY PRESCRIBES THE