APPLICANT HAS FURTHER DEVELOPED HER OBJECTIONS BY RAISING A SERIES OF CRITICISMS OF THE EQUALIZATION OPERATIONS, ENDING BY PUTTING SIX QUESTIONS TO THE DEFENDANT . THESE CRITICISMS CONCERN THE EFFECTIVENESS AND EFFICIENCY OF THE MANAGEMENT OF THE EQUALIZATION SCHEME RATHER THAN THE LEGALITY OF THE GENERAL DECISIONS UNDERLYING IT, AND THE COURT FINDS THAT NEITHER THESE OBSERVATIONS NOR THE ANSWERS GIVEN BY THE DEFENDANT HAVE BROUGHT TO LIGHT REASONS CAPABLE OF THROWING DOUBT ON THE LEGALITY OF GENERAL DECISIONS N.S 18/60, 19/60 AND 20/60 . CONSEQUENTLY THE OBJECTION OF ILLEGALITY DIRECTED AGAINST THESE DECISIONS MUST BE DISMISSED AS UNFOUNDED .
Decision on costs
AS THE APPLICATION HAS BEEN HELD TO BE WELL FOUNDED IN RESPECT OF THE ESTIMATED ASSESSMENTS FOR THE PERIOD FROM 1 OCTOBER 1955 TO 31 JANUARY 1957 THERE WOULD NORMALLY BE GROUNDS FOR A SHARING OF THE COSTS . THE APPLICANT, HOWEVER, OWES HER PARTIAL SUCCESS ONLY TO THE INSISTENCE OF THE COURT ITSELF, WHICH ORDERED THE PRODUCTION OF INVOICES FROM THE ELECTRICITY COMPANY . WITH GREATER DILIGENCE THE APPLICANT COULD HAVE PRODUCED SIMILAR INFORMATION BEFORE THE DATE OF THE DISPUTED INDIVIDUAL DECISIONS, OR AT LEAST BEFORE THE DATE OF HER APPLICATION . CONSEQUENTLY LITIGATION COULD HAVE BEEN AVOIDED IN RESPECT OF THE SAID PERIOD AND THE COSTS PERTAINING TO THIS PART OF THE APPLICATION COULD THEREFORE HAVE BEEN AVOIDED AND THEY MUST BE CONSIDERED AS UNREASONABLE WITHIN THE MEANING OF ARTICLE 69 ( 3 ) OF THE RULES OF PROCEDURE . ACCORDINGLY, THE APPLICANT MUST BEAR THE COSTS OF THE APPLICATION .
Operative part
THE COURT
DECLARES THE PRESENT APPLICATION ADMISSIBLE AND HEREBY :
1 . ANNULS THE TWO INDIVIDUAL DECISIONS OF THE HIGH AUTHORITY OF 23 MAY 1962, WHICH HAVE RESPECTIVELY AS THEIR OBJECT THE FIXING OF THE TONNAGE SUBJECT TO EQUALIZATION AND THE AMOUNT OF THE EQUALIZATION CONTRIBUTION, IN RESPECT OF THE ESTIMATED ASSESSMENT OF THE CONSUMPTION OF FERROUS SCRAP FOR THE PERIOD FROM 1 OCTOBER 1955 TO 31 JANUARY 1957;
2 . ORDERS THE APPLICANT TO PAY THE COSTS .