THE REASONS FOR THE DECISION OF 24 OCTOBER 1956 OUGHT TO HAVE INCLUDED AN EXACT AND DETAILED STATEMENT OF ALL THE INDIVIDUAL ITEMS COMPRISED IN THE CLAIM, PAYMENT OF WHICH WAS MADE ENFORCEABLE BY THE DECISION .
ONLY AN ACCOUNT OF THAT KIND COULD MAKE POSSIBLE A REVIEW OF THE SAID DECISION BY THE COURT .
THE REASONS ON WHICH THE DECISION OF 24 OCTOBER 1956 IS BASED HAVE NOT BEEN SUFFICIENTLY STATED TO COMPLY WITH THE LAW EITHER BY THE HIGH AUTHORITY IN THE TEXT NOTIFIED TO THE APPLICANT OR BY THE FUND IN THE NOTICES TO PAY WHICH THE LATTER ADDRESSED TO IT .
THIS FAILURE TO STATE REASONS IN CONNEXION WITH THE DECISION OF 24 OCTOBER 1956 CONSTITUTES AN INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT .
THEREFORE, IN APPLICATION OF ARTICLE 33 OF THE TREATY, THAT DECISION MUST BE ANNULLED .
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 ".
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( 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