DID NOT STATE THE REASONS ON WHICH IT WAS BASED .
THAT FAILURE TO STATE REASONS, WHICH LEAVES THE APPLICANT IN THE DARK AS TO THE CIRCUMSTANCES IN WHICH ITS DEBT WAS CALCULATED, CONSTITUTES AN INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT .
FOR THIS REASON ALSO, IN APPLICATION OF ARTICLE 33 OF THE TREATY, THE DECISION OF 24 OCTOBER 1956 MUST BE ANNULLED .
P . 144
SECOND SUBMISSION : MANIFEST FAILURE TO OBSERVE THE PROVISIONS OF THE TREATY
IN THIS SECOND SUBMISSION, THE APPLICANT COMPLAINS THAT THE HIGH AUTHORITY :
( A ) DID NOT INFORM IT OF " THE OBJECTIVE DATA ON WHICH THE ITALIAN UNDERTAKINGS WERE ASSESSED, IN MANIFEST CONTRADICTION WITH ARTICLE 47 OF THE TREATY, WHICH PROVIDES THAT THE HIGH AUTHORITY " SHALL PUBLISH SUCH DATA AS COULD BE USEFUL TO GOVERNMENTS OR TO ANY OTHER PARTIES CONCERNED "; ( B ) ONLY SENT " PROVISIONAL ACCOUNTS TO THE INTERESTED PARTIES AFTER 18 MONTHS " AND ONLY APPLIED TO THEM " EQUALIZATION BONUSES ... WHICH WERE ALSO PROVISIONAL ".
( I ) INSUFFICIENT INFORMATION
IN THE NUMEROUS COMMUNICATIONS WHICH IT ADDRESSED TO THE APPLICANT, THE FUND NEVER INFORMED IT OF ANYTHING MORE THAN THE TONNAGE ASSESSABLE AND THE RATE OF ASSESSMENT PER UNIT .
NO INFORMATION HAS BEEN PUBLISHED, EITHER BY THE HIGH AUTHORITY OR BY THE BRUSSELS AGENCIES, SO AS TO INFORM THOSE TO BE CHARGED OF THE METHODS WHEREBY THEIR OBLIGATIONS HAD BEEN WORKED OUT OR OF THE FACTS ON WHICH THE CALCULATIONS WERE BASED .
IT IS ONLY THROUGH " AN ADDENDUM TO THE ANSWER OF THE HIGH AUTHORITY TO THE QUESTIONS PUT BY THE COURT " THAT THE COURT AND, IT WOULD APPEAR, THE APPLICANT, HAVE BEEN INFORMED OF THE SUCCESSIVE FORMULAE WHEREBY THE EQUALIZATION RATE WAS CALCULATED .
ARTICLE 5 OF THE TREATY REQUIRES THE HIGH AUTHORITY TO " PUBLISH THE REASONS FOR ITS ACTIONS " AND ARTICLE 47 PROVIDES THAT ALTHOUGH
" THE HIGH AUTHORITY MUST NOT DISCLOSE INFORMATION OF THE KIND COVERED BY THE OBLIGATION OF PROFESSIONAL SECRECY, IN PARTICULAR INFORMATION ABOUT UNDERTAKINGS, THEIR BUSINESS RELATIONS OR THEIR COST COMPONENTS ... IT SHALL PUBLISH SUCH DATA AS COULD BE USEFUL TO GOVERNMENTS OR TO ANY OTHER PARTIES CONCERNED ".
IN THE REJOINDER, THE HIGH AUTHORITY HAS RETORTED TO THE APPLICANT THAT IT IS " REQUIRED TO SHOW AN ELEMENTARY RESPECT FOR PROFESSIONAL SECRECY ".
IN THE PRESENT CASE, INFORMATION COLLECTED BY COOPERATIVE BODIES REPRESENTING AT CERTAIN PERIODS, AND IN PARTICULAR ON 4 JULY 1955, UP TO 136 UNDERTAKINGS CHOSEN FROM AMONGST THE LARGER OF THE 240 UNDERTAKINGS ASSESSABLE TO THE EQUALIZATION LEVY CANNOT BE REGARDED AS SECRET WITHIN THE MEANING OF ARTICLE 47 OF THE TREATY . IN FAILING TO PUBLISH THE REASONS FOR ITS ACTIONS, AT LEAST IN GENERAL TERMS, AND IN FAILING TO PUBLISH THE DATA NOT COVERED BY PROFESSIONAL SECRECY AND OF POSSIBLE USE TO GOVERNMENTS OR TO ANY OTHER PARTIES CONCERNED, OR IN FAILING TO REQUIRE THE BRUSSELS AGENCIES TO PUBLISH THE SAME, THE HIGH