WRONGFULLY ACCEPTED FOR EQUALIZATION AMOUNT TO APPROXIMATELY 2 PER CENT OF THE TOTAL TONNAGE ACCEPTED AND THAT THE FRAUDS COMPLAINED OF, ALTHOUGH THEY AMOUNT TO A SERIOUS DISADVANTAGE, WERE NOT OF SUCH A CHARACTER AS TO DISTORT THE EQUALIZATION SCHEME OR THROW IT OUT OF BALANCE . IT HAS STATED ALSO THAT AT PRESENT FOUR-FIFTHS OF THE WRONGLY PAID SUMS HAVE BEEN RECOVERED AND THAT, AS TO THE REST, PROCEEDINGS FOR RECOVERY ARE STILL PENDING .
49 HAVING REGARD TO THESE OBSERVATIONS, WHICH WERE NOT DISPUTED DURING THE PROCEEDINGS, THE COMPLAINTS PUT FORWARD MUST BE SUPPORTED BY MUCH MORE PRECISE PARTICULARS THAN THE GENERAL ASSERTIONS TO WHICH THE APPLICANT HAS CONFINED ITSELF, IN ORDER TO BE TAKEN INTO CONSIDERATION AS PROOF OF THE EXISTENCE OF A WRONGFUL ACT OR OMISSION .
THIS HEAD OF THE ACTION FOR DAMAGES MUST CONSEQUENTLY ALSO BE REJECTED .
Decision on costs
50 UNDER ARTICLE 67 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS .
THE APPLICANT HAS FAILED IN ITS SUBMISSIONS .
Operative part
THE COURT
HEREBY :
1 . DISMISSES THE APPLICATION;
2 . ORDERS THE APPLICANT TO BEAR THE COSTS .