CONSIDERABLE SUM . IT CAME TO MORE THAN .5 MILLION DOLLARS FOR THE WHOLE PERIOD DURING WHICH THE EQUALIZATION SCHEME WAS OPERATING, BOTH BEFORE AND AFTER DECISION NO 13/58 . THE CONCLUSION TO BE DRAWN FROM THIS IS THAT ALTHOUGH THE FIRST PROMISES COULD CERTAINLY STILL BE ATTRIBUTED TO SOME REASON OTHER THAN LACK OF CARE ON THE PART OF THE DEFENDANT IN EXERCISING ITS SUPERVISION, NEVERTHELESS IT MUST BE RECOGNIZED THAT TOWARDS THE END OF THE PERIOD PRIOR TO DECISION NO 13/58 THE HIGH AUTHORITY'S LACK OF CARE BECAME INCREASINGLY OBVIOUS .
DECISION NO 13/58 GAVE THE HIGH AUTHORITY THE POWERS PREVIOUSLY DELEGATED TO THE OCCF AND TO THE CPFI, AND ONLY LEFT THE LATTER, OR ANY OTHER APPROPRIATE BODY, WITH THE TASK OF CARRYING OUT INSTRUCTIONS . FROM 1 AUGUST 1958, THE DATE WHEN DECISION NO 13/58 ENTERED INTO FORCE, THE HIGH AUTHORITY'S DUTY WAS NO LONGER JUST TO SUPERVISE THE EQUALIZATION SCHEME BUT IT BECAME DIRECTLY RESPONSIBLE FOR THE ACTIONS TAKEN UNDER THE EQUALIZATION SCHEME, INCLUDING THE PROMISES IN CONNEXION WITH THE TRANSPORT PARITY REIMBURSEMENTS .
IT FOLLOWS FROM THESE CONSIDERATIONS THAT, BOTH AS REGARDS THE PERIOD BEFORE AND THE PERIOD AFTER THE DECISION NO 13/58, THE PROMISES TO GRANT TRANSPORT PARITIES WHICH WERE GIVEN FROM 1 JANUARY 1957 ONWARDS ARE ATTRIBUTABLE TO WRONGFUL ACTS OR OMISSIONS ON THE PART OF THE HIGH AUTHORITY OF A NATURE SUCH AS TO MAKE IT RESPONSIBLE FOR THEM . THEREFORE THE HIGH AUTHORITY MUST BE HELD ACCOUNTABLE FOR DAMAGE ARISING OUT OF THE DELIVERIES OF SHIPYARD SCRAP ON ORDERS PLACED AS FROM THAT DATE .
2 . THE OBJECTIONS OF A GENERAL NATURE RAISED BY THE DEFENDANT
( A ) THE DEFENDANT ARGUES THAT THE ALLEGED DAMAGE CANNOT BE ASSESSED .
P.938
WHEN IT IS NECESSARY TO CONSIDER A SITUATION AS IT WOULD HAVE BEEN IF THERE HAD BEEN NO WRONGFUL ACT OR OMISSION, THE COURT MUST, WHILST INSISTING THAT ALL AVAILABLE EVIDENCE BE PRODUCED, ACCEPT REALISTIC APPROXIMATIONS, SUCH AS AVERAGES WHICH HAVE BEEN ESTABLISHED BY MEANS OF COMPARISONS .
( B ) THE DEFENDANT ALLEGES THAT THE UNDERTAKINGS WERE NOT FREE TO CHOOSE AT WILL BETWEEN SHIPYARD SCRAP AND SCRAP EXPORTED TO THE COMMUNITY, AND COULD NOT THEREFORE BE SURE OF OBTAINING THE LATTER INSTEAD OF THE FORMER . IT IS FURTHER ASSERTED THAT THE CPFI HAD THE POWER TO DETERMINE THE QUANTITIES OF FERROUS SCRAP ACCEPTED FOR EQUALIZATION, AND IN PARTICULAR TO PUT SHIPYARD SCRAP IN A PRIVILEGED POSITION IN THIS RESPECT .
THE EXPLANATIONS GIVEN BY THE APPLICANTS, WHICH ARE NOT CONTRADICTED BY THE DEFENDANT, SHOW THAT DURING THE PERIOD WHEN THE EQUALIZATION SCHEME WAS OPERATING THE QUESTION OF IMPOSING AN OFFICIAL ALLOCATION BY WAY OF COMPULSORY POWERS NEVER AROSE .
( C ) THE DEFENDANT ALSO ASSERTS THAT THE QUALITY OF SHIPYARD SCRAP HAS ALWAYS BEEN CONSIDERED BETTER THAN THAT OF IMPORTED FERROUS SCRAP AND THAT THEREFORE THE APPLICANT UNDERTAKINGS WOULD HAVE TAKEN SUPPLIES OF SHIPYARD SCRAP EVEN WITHOUT THE TRANSPORT PARITY GRANT .
THE APPLICANTS