THE MEASURES ADOPTED BY THE BRUSSELS ORGANIZATIONS AND THEIR NATIONAL OFFICES . ACTING IN ACCORDANCE WITH THAT RECOMMENDATION THE HIGH AUTHORITY IS STATED TO HAVE FAILED IN ITS DUTY TO ENSURE THE ACHIEVEMENT OF THE OBJECTIVES BOTH OF THE TREATY AND OF THE FINANCIAL ARRANGEMENT .
30 THE POSSIBLE EXISTENCE OF THE ALLEGED COMMITMENTS IS IN ANY EVENT IRRELEVANT IN THE PRESENT CASE, SINCE THE RESPONSIBILITY OF THE COMMUNITY AUTHORITIES MUST BE CONSIDERED IN THE LIGHT OF THE ESTABLISHED RULES AND THE VALID PRINCIPLES APPLYING TO THE MATTER . THE HIGH AUTHORITY, FURTHERMORE, HAS NEVER SOUGHT TO EXONERATE ITSELF BY RELYING ON SUCH RECOMMENDATIONS OF THE COUNCIL, NOR COULD IT DO SO .
31 THE APPLICANT BASED ITS COMPLAINTS OF LACK OF SUPERVISION AND OF CARE ON NOTHING MORE THAN THE FACT THAT VERY SERIOUS FRAUDS TOOK PLACE IN THE MANAGEMENT OF THE EQUALIZATION SCHEME .
32 THE DEFENDANT CONSIDERS THE CLAIM TO BE INADMISSIBLE ON THE GROUND THAT IT IS NOT POSSIBLE TO SEE EXACTLY WHICH FACTS THE APPLICANT INTENDS TO RELY UPON, AS THE BASIS OF ITS RIGHT TO COMPENSATION .
33 THE MERE FACT THAT FRAUDS TOOK PLACE DOES NOT BY ITSELF PROVE THAT THE ADMINISTRATION FAILED IN ITS DUTIES OF SUPERVISION AND CONSEQUENTLY WAS GUILTY OF A WRONGFUL ACT OR OMISSION . THE COMMISSION HAS STATED THAT THE TONNAGES OF SCRAP WRONGFULLY ACCEPTED FOR EQUALIZATION AMOUNT TO APPROXIMATELY 2 PER CENT OF THE TOTAL TONNAGE ACCEPTED AND THAT THE FRAUDS COMPLAINED OF, ALTHOUGH THEY AMOUNTED TO A SERIOUS HANDICAP, WERE NOT OF SUCH A CHARACTER AS TO DISTORT THE EQUALIZATION SCHEME OR THROW IT OUT OF BALANCE .
IT HAS STATED ALSO THAT AT PRESENT FOUR-FIFTHS OF THE WRONGLY PAID SUMS HAVE BEEN RECOVERED AND THAT AS TO THE REST, PROCEEDINGS FOR RECOVERY ARE STILL PENDING .
34 HAVING REGARD TO THESE OBSERVATIONS, WHICH WERE NOT DISPUTED DURING THE PROCEEDINGS, THE COMPLAINTS PUT FORWARD MUST BE SUPPORTED BY MUCH MORE PRECISE PARTICULARS THAN THE GENERAL ASSERTIONS TO WHICH THE APPLICANT HAS CONFINED ITSELF, IN ORDER TO BE TAKEN INTO CONSIDERATION AS PROOF OF THE EXISTENCE OF A WRONGFUL ACT OR OMISSION .
THIS HEAD OF THE ACTION FOR DAMAGES MUST CONSEQUENTLY ALSO BE REJECTED .
Decision on costs
UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS .
THE APPLICANT HAS FAILED IN ITS SUBMISSIONS .
Operative part
THE COURT
HEREBY :
1 . DISMISSES THE APPLICATION;
2 . ORDERS THE APPLICANT TO BEAR THE COSTS .