BUT ONLY ON ITS CONFORMITY OR OTHERWISE WITH THE TREATY . IN NO SENSE DO THE MEMORANDA CONTAIN THE ONLY POSSIBLE DEFINITION OF THE LEGAL OBJECTIVE WHICH THE HIGH AUTHORITY IS ENTITLED TO PURSUE . TO PROVE A MISUSE OF POWERS THE APPLICANT WOULD HAVE HAD TO DEMONSTRATE THAT THE DECISION ITSELF WAS IN FACT PURSUING AN OBJECTIVE OTHER THAN THAT FOR THE PURPOSES OF WHICH THE HIGH AUTHORITY WAS ENTITLED TO ACT; THE VARIATION WHICH THE APPLICANT HAS POINTED OUT BETWEEN THE WORDING OF THE MEMORANDA AND THAT OF THE CONTESTED DECISION DOES NOT SUFFICE TO CONSTITUTE SUCH EVIDENCE .
THIRDLY, THE APPLICANT CONSIDERS THAT THERE HAS BEEN A SERIOUS LACK OF FORESIGHT AND CARE, AMOUNTING TO DISREGARD OF THE LEGAL OBJECTIVE, IN THE FACT THAT, IN ADOPTING DECISION NO 2/57 THE HIGH AUTHORITY FAILED TO TAKE ACCOUNT OF THE UNBALANCING EFFECT WHICH EQUALIZATION WOULD HAVE ON PIG-IRON DESPITE THE FACT THAT IT HAD BEEN FACED WITH THE SAME PROBLEM SINCE 1955 .
THE DEFENDANT CONCEDES THAT EQUALIZATION TENDED TO ENCOURAGE AN INCREASE IN THE CONSUMPTION OF SCRAP AND THAT THERE WAS A POSSIBILITY OF CONSEQUENTIAL DISADVANTAGES FOR PRODUCERS OF PIG-IRON; FOR THIS REASON IT TRIED TO CORRECT THE SITUATION, FIRST OF ALL BY THE INTRODUCTION OF A BONUS PAYABLE FOR INCREASED CONSUMPTION OF PIG-IRON AND, LATER, BY THE SUPPLEMENTARY RATE INTRODUCED BY DECISION NO 2/57 .
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THERE CAN BE NO DISPUTE THAT THE HIGH AUTHORITY INTRODUCED THE BONUS AND THE SUPPLEMENTARY RATE AS AN INDIRECT METHOD OF REDUCING THE VOLUME OF SCRAP CONSUMPTION; IT IS EQUALLY BEYOND DISPUTE THAT THESE TWO MEASURES ENCOURAGED AN INCREASE IN PIG-IRON CONSUMPTION . NEITHER IN THE COURSE OF THE WRITTEN PROCEDURE NOR DURING THE HEARING WAS IT ESTABLISHED THAT THE HIGH AUTHORITY ADOPTED THE TWO MEASURES REFERRED TO WITH ANY OBJECT IN VIEW THAN THAT FOR WHICH THE EQUALIZATION SCHEME WAS ESTABLISHED AND LAWFULLY COMPLETED .
NOR FURTHERMORE WAS IT ESTABLISHED THAT THE ALLEGED EFFECTIVENESS OF THE ARRANGEMENTS FOR THE BONUS AND THE SUPPLEMENTARY RATE INVOLVED A DISREGARD OF THE LAWFUL OBJECTIVE OF THE DECISION .
IN THESE CIRCUMSTANCES A MISUSE OF POWERS HAS NOT BEEN ESTABLISHED AND THIS GROUND OF COMPLAINT MUST BE REJECTED .
SECOND COMPLAINT : FOR REASONS WHICH HAVE NOTHING TO DO WITH THE OBJECT OF EQUALIZATION, DECISION NO 2/57 MAKES HEAVY AND LIGHT SCRAP SUBJECT TO A UNIFORM EQUALIZATION RATE AND THIS CONSTITUTES MISUSE OF POWERS .
THE APPLICANT CLAIMS THAT THE APPLICATION OF A UNIFORM EQUALIZATION RATE IS AN EXAMPLE OF MISUSE OF POWERS . IT CONSIDERS THAT THERE WAS NO NEED FOR THIS UNIFORMITY IN ORDER TO ATTAIN THE OBJECTIVE PURSUED BUT THAT IT WAS DECIDED UPON IN ORDER TO AVOID THE ADMINISTRATIVE COMPLICATIONS WHICH WOULD HAVE BEEN CREATED BY THE APPLICATION OF A GRADUATED RATE, WHICH WOULD HAVE HAD A BALANCED EFFECT ON THE PRICE OF THE VARIOUS QUALITIES OF SCRAP, PARTICULARLY THOSE USED EXCLUSIVELY BY INDEPENDENT PIG-IRON PRODUCERS .
BEFORE A DECISION IS TAKEN ON THIS GROUND OF COMPLAINT, CONSIDERATION