HIGH AUTHORITY MAKES A SUBSTANTIAL ERROR OF JUDGMENT IN CONSIDERING ANY POSITION ACQUIRED BY THE UNDERTAKING CONCERNED FOR WHICH IT COULD CLAIM PROTECTION, OR IF IT FAILS TO SHOW CARE AND ACCURACY IN ITS DEALINGS WITH THE UNDERTAKING .
CF . PARAGRAPH 10, SUMMARY, IN JOINED CASES 42 AND 49/59, ( 1961 ) ECR 107 .
4 . THERE IS NO JUSTIFICATION FOR THE CONCLUSION THAT THE DECISIONS OF THE HIGH AUTHORITY TAKEN WITH THE UNANIMOUS ASSENT OF THE COUNCIL COULD ONLY BE AMENDED, EVEN IN THE CASE OF AMENDMENTS NOT AFFECTING THE BASIS OF SUCH DECISIONS, BY A NEW DECISION ALSO TAKEN WITH THE UNANIMOUS ASSENT OF THE COUNCIL .
5 . A PROVISION WHICH LAYS DOWN THE ESSENTIAL PROCEDURAL REQUIREMENTS FOR THE VALIDITY OF CERTAIN DECISIONS MUST BE STRICTLY CONSTRUED .
6 . IT IS OF THE NATURE OF THE EQUALIZATION SCHEME THAT THE LIMITATION PERIOD CAN ONLY RUN FROM THE DATE WHEN THE ACCOUNTS ARE FINALLY CLOSED .
CF . PARAGRAPH 4, SUMMARY, CASE 108/63, ( 1963 ) ECR 2-3 .
7 . IN THE FERROUS SCRAP EQUALIZATION SCHEME THE UNIT OF ACCOUNT IS NOT A CURRENCY DIFFERENT FROM NATIONAL CURRENCIES BUT IS MERELY AN ACCOUNTING DEVICE INTENDED TO FACILITATE THE FIXING OF A GENERAL EQUALIZATION PRICE AND THE UNIFORM AND EXPEDITIOUS CALCULATION OF EQUALIZATION PAYMENTS AND CONTRIBUTIONS .
8 . IT IS NECESSARY TO FIX THE CONTRIBUTIONS TO BE PAID BY THE UNDERTAKINGS TO THE FERROUS SCRAP EQUALIZATION SCHEME ON THE BASIS OF THE PARITY OF THE UNIT OF ACCOUNT IN FORCE DURING THE VARIOUS ACCOUNTING PERIODS .
9 . IN THE EQUALIZATION SCHEME, WHICH IS BASED ON A CLOSE INTERDEPENDENCE BETWEEN THE CONTRIBUTIONS OF EACH PARTICIPANT, IT IS PERMISSIBLE TO ALTER SITUATIONS CREATED BY RULES WHICH, IF THEY ARE ALLOWED TO CONTINUE IN FORCE, WOULD CONFER UNJUSTIFIED BENEFIT ON CERTAIN UNDERTAKINGS COMPARED WITH OTHERS AND WOULD THEREFORE JEOPARDIZE THE OBJECTIVES OF THE SCHEME .
Parties
IN CASE 111/63
LEMMERZ-WERKE GMBH OF KOENIGSWINTER ( RHINELAND ), REPRESENTED BY ITS MANAGING DIRECTOR, PAUL LEMMERZ, AND H . WIRTZ, HENGELER, KURTH, B . WIRTZ AND A . HEUSCH, ADVOCATES AT DUESSELDORF AUTHORIZED TO ACT IN THESE PROCEEDINGS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICES OF JUERGEN NAUMANN, 2 RUE DU FORT-ELISABETH,
APPLICANT,
V
HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY, REPRESENTED BY ITS LEGAL ADVISER, HEINRICH MATTHIES, ACTING AS AGENT, ASSISTED BY HANS-PETER IPSEN, PROFESSOR AT THE UNIVERSITY OF HAMBURG, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICES OF THE HIGH AUTHORITY, 2 PLACE DE METZ,
DEFENDANT,
Subject of the case
APPLICATION FOR THE ANNULMENT OF THE DECISION OF THE HIGH AUTHORITY OF 6 NOVEMBER 1963 RELATING TO THE FINANCIAL OBLIGATIONS OF THE APPLICANT UNDER THE EQUALIZATION SCHEME FOR IMPORTED FERROUS SCRAP,
Grounds
P.688
THE CONTESTED DECISION CALLS UPON THE APPLICANT TO PAY BY WAY OF CONTRIBUTIONS UNDER THE IMPORTED FERROUS SCRAP EQUALIZATION SCHEME THE SUM OF DM 432 043.25, OF WHICH DM 374 844.79 RELATE TO THE PERIOD PRIOR TO