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I - EXISTENCE OF INJURY
EQUALIZATION PAYMENTS HAVE BEEN MADE ON THE BASIS OF CERTIFICATES FRAUDULENTLY CERTIFYING THAT A CONSIDERABLE QUANTITY OF FERROUS SCRAP WAS " FROM SHIP-BREAKERS'YARDS " WHEREAS, IN FACT, IT ORIGINATED IN THE COMMUNITY AND DID NOT THEREFORE QUALIFY FOR EQUALIZATION . THESE PAYMENTS ARE LIABLE TO RESULT IN AN INCREASE IN THE CONTRIBUTIONS TO BE PAID BY ALL FERROUS SCRAP PRODUCERS INCLUDING, THEREFORE, THE APPLICANT .
IT IS STILL UNCERTAIN WHETHER OR NOT THIS INCREASE IN THE EQUALIZATION RATES CAUSES FERROUS SCRAP CONSUMERS AND, PARTICULARLY, THE APPLICANT, ACTUAL, SIGNIFICANT AND DEFINITE INJURY, SINCE THE HIGH AUTHORITY HAS INSTITUTED PROCEEDINGS FOR RECOVERY OF THE SUMS IMPROPERLY PAID AND, MOREOVER, IT IS STILL POSSIBLE FOR SUCH PROCEEDINGS TO BE TAKEN AGAINST THOSE RESPONSIBLE .
THERE IS, HOWEVER, NO NEED TO SETTLE THIS QUESTION BECAUSE, FOR THE REASONS SET OUT BELOW, EVEN THE EXISTENCE OF INJURY PLACES NO OBLIGATION ON THE DEFENDANT TO MAKE GOOD THAT INJURY .
II - OBLIGATION TO MAKE GOOD THE INJURY
1 . LIABILITY OF THE HIGH AUTHORITY ON THE BASIS OF A GUARANTEE GIVEN BY IT
THE APPLICANT INFERS THE LIABILITY OF THE DEFENDANT FROM THE FACT THAT THE LATTER, IN ITS DECISIONS ESTABLISHING THE EQUALIZATION SCHEME, FORMALLY UNDERTOOK TO ENSURE A FAULTLESS SERVICE; THIS COMMITMENT EXTENDED ALSO TO IRON AND STEEL UNDERTAKINGS OF THE COMMUNITY . THIS EMERGES FROM THE EIGHTH RECITAL OF THE PREAMBLE TO DECISION NO 14/55 IN WHICH THE HIGH AUTHORITY DECLARED THAT IT " IS RESPONSIBLE FOR THE REGULAR FUNCTIONING OF THE FINANCIAL ARRANGEMENTS AND HENCE MUST ALWAYS BE IN A POSITION TO INTERVENE EFFECTIVELY ".
THE ESTABLISHMENT OF THE FINANCIAL ARRANGEMENTS AND THE PRINCIPLE ENUNCIATED IN THE RECITAL TO THE ABOVEMENTIONED GENERAL DECISION, OF THE LIABILITY ASSUMED BY THE HIGH AUTHORITY FOR THE REGULAR FUNCTIONING OF THIS SCHEME, BELONG TO THE POLITICAL AND ADMINISTRATIVE SPHERE AND CANNOT THUS CONSTITUTE AN OBLIGATION TO THE UNDERTAKINGS UNDER ITS AUTHORITY OR A GUARANTEE GIVING RISE TO OBJECTIVE, CONTRACTUAL OR LEGAL LIABILITY ON THE PART OF THE HIGH AUTHORITY, EVEN WHEN NO WRONGFUL ACT OR OMISSION CAN BE IMPUTED TO IT .
THIS SUBMISSION MUST THEREFORE BE DISMISSED .
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2 . LIABILITY FOR A WRONGFUL ACT OR OMISSION
THE APPLICATION IS MOREOVER PRINCIPALLY BASED ON ARTICLE 40 OF THE ECSC TREATY WHICH ALLOWS THE INJURED PARTY TO BRING AN ACTION TO OBTAIN PECUNIARY REPARATION FROM THE COMMUNITY TO MAKE GOOD ANY INJURY CAUSED IN CARRYING OUT THE SAID TREATY BY A WRONGFUL ACT OR OMISSION ON THE PART OF THE COMMUNITY IN THE PERFORMANCE OF ITS FUNCTIONS .
( A ) THE OFFICIAL OF THE NETHERLANDS MINISTRY FOR ECONOMIC AFFAIRS, WHO FRAUDULENTLY ISSUED THE CERTIFICATES IN QUESTION, WAS NOT SUBJECT TO THE CONTROL OF THE HIGH AUTHORITY AND DID NOT RECEIVE ORDERS FROM IT, BUT ACTED IN HIS CAPACITY AS A NATIONAL OFFICIAL .
IF, IN ACCORDANCE WITH THE SYSTEM APPLIED BY THE HIGH AUTHORITY, CERTIFICATES ISSUED BY THE NETHERLANDS MINISTRY WERE RECOGNIZED AS SUPPORTING DOCUMENTS