EVEN LATER .
5 . SINCE THE COURT CANNOT BASE ITS JUDGMENT ON LEGAL ARGUMENTS WHOSE VALIDITY IS NOT ESTABLISHED, IT CONSIDERS IT NECESSARY TO MAKE A PRELIMINARY EXAMINATION OF THE QUESTION WHETHER ARTICLE 65 WAS APPLICABLE NOT ONLY ON THE ESTABLISHMENT OF THE COMMON MARKET IN COAL ( 10 FEBRUARY 1953 ) BUT ALREADY ON THE ENTRY INTO FORCE OF THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY ( ON 25 JULY 1952 ).
IT DOES NOT, OF COURSE, EMERGE DIRECTLY FROM THE WORDING OF ARTICLE 12 OF THE CONVENTION THAT THE PRINCIPLE LAID DOWN BY ARTICLE 1 ( 5 ) OF THE CONVENTION THAT THE PROVISIONS OF THE TREATY SHALL BE APPLICABLE FROM ITS ENTRY INTO FORCE SHALL BE MODIFIED BY SPECIAL REGULATIONS AS REGARDS THE RULES ON AGREEMENTS AND CONCENTRATIONS IN ARTICLE 65 . THE SECOND PARAGRAPH OF ARTICLE 12 MERELY STATES THAT, WHERE THE HIGH AUTHORITY DOES NOT GRANT THE AUTHORIZATION PROVIDED FOR IN ARTICLE 65 ( 2 ), THE PROHIBITION ON AGREEMENTS CONTAINED IN THAT ARTICLE SHALL TAKE EFFECT ON THE EXPIRY OF A REASONABLE TIME-LIMIT FIXED FOR THAT PURPOSE . ALTHOUGH, NOTWITHSTANDING THEIR POSSIBLE SUBSEQUENT AUTHORIZATION ( " PROHIBITION SUBJECT TO AUTHORIZATION " ), THE AGREEMENTS ENTERED INTO AFTER THE ESTABLISHMENT OF THE COMMON MARKET FALL IMMEDIATELY UNDER THE TERMS OF THE PROHIBITION IN ARTICLE 65, THE " EXISTING " AGREEMENTS REMAIN IN FORCE PROVISIONALLY UNTIL THEIR AUTHORIZATION IS REFUSED AND THE TIME-LIMIT SET BY THE HIGH AUTHORITY HAS EXPIRED . UNTIL SUCH TIME THEY ENJOY " AUTHORIZATION SUBJECT TO SUBSEQUENT PROHIBITION ". HOWEVER, THE SECOND PARAGRAPH OF ARTICLE 12 OF THE CONVENTION DOES NOT STATE WHETHER THOSE AGREEMENTS DRAWN UP SINCE THE ENTRY INTO FORCE OF THE TREATY MUST ALONE BE REGARDED AS " EXISTING " AGREEMENTS OR WHETHER THOSE DRAWN UP BETWEEN THAT DATE AND THE ESTABLISHMENT OF THE COMMON MARKET MUST ALSO BENEFIT FROM THE TRANSITIONAL RULES .
THERE ARE, THEREFORE, NO EXPRESS PROVISIONS STIPULATING THAT, AS AN EXCEPTION TO THE PRINCIPLES LAID DOWN IN ARTICLE 1 ( 5 ) OF THE CONVENTION, THE PROHIBITIONS CONTAINED IN ARTICLE 65 OF THE TREATY DO NOT APPLY TO AGREEMENTS FROM THE ENTRY INTO FORCE OF THAT TREATY, BUT ONLY FROM THE ESTABLISHMENT OF THE COMMON MARKET AND THAT, IN THE MEANTIME, THE SPECIAL RULES CONTAINED IN ARTICLE 12 ( 2 ) OF THE CONVENTION SHALL APPLY . THAT PRINCIPLE MUST, HOWEVER, BE DEDUCED FROM THE TENOR AND PURPOSE OF THE TRANSITIONAL PROVISIONS .
AS IS STATED IN ARTICLE 1 ( 1 ), THE CONVENTION WAS ANNEXED TO THE TREATY SO AS TO " PROVIDE FOR THE MEASURES REQUIRED IN ORDER TO ESTABLISH THE COMMON MARKET AND ENABLE PRODUCTION TO BE PROGRESSIVELY ADAPTED TO THE NEW CONDITIONS, WHILE HELPING TO ELIMINATE DISEQUILIBRIA ARISING OUT OF THE FORMER CONDITIONS ". ARTICLE 12 OF THE CONVENTION MUST BE INTERPRETED IN THE LIGHT OF THAT PRINCIPLE .
THE SYSTEM ESTABLISHED BY ARTICLE 65 OF THE TREATY IS BASED NOT ONLY UPON THE PROHIBITION OF AGREEMENTS LAID