EQUALIZATION SCHEME WOULD HAVE HAD A CERTAIN INFLUENCE ON THE MARKET IN PRECIOUS NON-FERROUS METALS, WHICH ARE OUTSIDE THE ECSC TREATY .
THE DEFENDANT HAS JUSTIFIED THE EXCLUSION OF FERROUS SCRAP INTENDED FOR INTEGRATED FOUNDRIES BY THE NEED TO AVOID INTERFERING WITH THE NORMAL CONDITIONS OF COMPETITION BETWEEN THESE AND INDEPENDENT FOUNDRIES .
THESE EXPLANATIONS, CONTESTED ONLY AS TO CERTAIN DETAILS BY THE APPLICANT, APPEAR PERTINENT . IN ADOPTING ARTICLE 10 ( B ) AND ( D ) OF DECISIONS N.S 2/57 AND 16/58, THE HIGH AUTHORITY MAY HAVE CONSIDERED THAT A CORRECT APPLICATION OF ARTICLES 3, 4 AND 5 OF THE TREATY REQUIRED THE EXCLUSION OF THE SAID TYPES OF FERROUS SCRAP FROM THE EQUALIZATION SCHEME AND THERE IS NOTHING TO INDICATE THAT IN SO DOING IT DISTORTED THE SCHEME .
CONSEQUENTLY, SINCE THERE IS NO NEED TO PURSUE THIS EXAMINATION, THE COMPLAINT CONCERNING INFRINGEMENT OF THE TREATY MUST BE DISMISSED, AS MUST ALSO, AND FOR THE SAME REASONS, THE COMPLAINT OF MISUSE OF POWERS .
AS TO THE OBJECTION OF ILLEGALITY DIRECTED AGAINST GENERAL DECISIONS N.S 18/60, 19/60 AND 20/60
THE APPLICANT ALLEGES THAT DECISIONS N.S 18/60, 19/60 AND 20/60 ARE VITIATED BY ILLEGALITY . THIS ALLEGATION IS SET OUT ABOVE IN SEVEN SEPARATE GROUNDS OF COMPLAINT . THE DEFENDANT REMARKS QUITE RIGHTLY THAT THE COMPLAINTS LISTED UNDER ( B ), ( D ) AND ( G ) ARE IDENTICAL TO THOSE BROUGHT AGAINST DECISIONS N.S 2/57 AND 16/58, AND ARE THEREFORE TO BE DISMISSED ON THE GROUNDS SET OUT ABOVE .
HEADS ( A ) AND ( C ) ALLEGE THAT THERE IS A LACK OF ANY STATEMENT OF REASONS AND A LACK OF PUBLICITY . THE PURPOSE OF THESE ALLEGATIONS IS TO FORCE THE HIGH AUTHORITY TO PRODUCE ALL THE DOCUMENTS RELATING TO THE ACCOUNTS . IN HER REPLY, THE APPLICANT EXPLAINED THESE COMPLAINTS IN GREATER DETAIL, ASKING FOR THE PRODUCTION BY THE DEFENDANT OF THE BOOKS OF ACCOUNT RELATING TO THE OPERATION OF THE EQUALIZATION SCHEME, THEIR SUBMISSION TO THE AUDITOR OR TO ANOTHER QUALIFIED INSPECTOR, AND THE PUBLICATION OF THE REPORT EITHER APPROVING OR DISAPPROVING OF SUCH WORKING .
THUS EXPLAINED, THESE COMPLAINTS APPEAR TO BE IDENTICAL TO THE COMPLAINTS UNDER ( E ) AND ( F ) CONCERNING THE ABSENCE OF A GENERAL REPORT, AS PRESCRIBED BY ARTICLE 17, AND OF THE AUDITOR'S REPORT PROVIDED FOR BY ARTICLE 78 OF THE TREATY .
THE DEFENDANT DENIES THAT THE PROVISION INVOKED APPLY TO THE ARRANGEMENTS PRESCRIBED IN ARTICLE 53 OF THE TREATY AND POINTS OUT THAT THE GENERAL REPORT REFERRED TO IN ARTICLE 17 HAS REGULARLY CONTAINED A STATEMENT OF THE FUNCTIONING OF THE EQUALIZATION SCHEME .
IN ANY EVENT, THE TWO REPORTS REFERRED TO ARE INTENDED FOR THE EUROPEAN PARLIAMENT AND THE COMMITTEE OF PRESIDENTS RESPECTIVELY AND IT IS SOLELY FOR THESE BODIES TO JUDGE WHETHER THE REPORTS ARE SUFFICIENTLY COMPLETE .
IN APPLICATIONS MADE BY PRIVATE UNDERTAKINGS JUDICIAL REVIEW OF THE CONTENTS OF SUCH DOCUMENTS IS INADMISSIBLE .
IN HER REPLY, THE