THE HIGH AUTHORITY IN ITS DECISION N . 22/60 HAS CONSIDERED IT NECESSARY TO ESTABLISH 'AS A MATTER OF OBLIGATION' THE FORM OF THESE DECISIONS AND HAS LAID DOWN THE CONDITIONS WITH WHICH IT UNDERTAKES TO MAKE SUCH MEASURES COMPLY .
IN A SUBSEQUENT 'COMMUNICATION' ( OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES, PP . 1250/60 ), THE HIGH AUTHORITY HAS PRESCRIBED THAT IF THESE FORMALITIES ARE NOT CARRIED OUT, THEN THE PARTIES CONCERNED MAY 'INFER THAT THE MEASURES IN QUESTION DO NOT ENTAIL ANY LEGAL OBLIGATIONS '.
ALTHOUGH IT IS DESIRABLE TO ENSURE OBSERVANCE OF THE REQUIREMENTS PRESCRIBED IN THE APPROPRIATE MANNER BY THE HIGH AUTHORITY, WHICH ENABLE GOVERNMENTS, INSTITUTIONS AND UNDERTAKINGS TO IDENTIFY DECISIONS FROM THEIR ACTUAL FORM, IT DOES NOT FOLLOW THAT A MEASURE SHOULD NOT BE CONSIDERED A DECISION, MERELY BECAUSE IT FAILS TO COMPLY WITH SOME INESSENTIAL REQUIREMENT OF FORM IF THE FUNDAMENTAL CONDITIONS UNDERLYING THE CONCEPT OF A DECISION WITHIN THE MEANING OF THE TREATY ARE OTHERWISE SATISFIED .
ACCORDING TO ARTICLE 14, DECISIONS SHALL BE TAKEN BY THE HIGH AUTHORITY, THAT IS TO SAY BY ITS MEMBERS SITTING AS A BODY . AS SUCH DECISIONS ARE 'BINDING IN THEIR ENTIRETY' HOWEVER, THEY MUST SHOW THAT THEY ARE INTENDED TO HAVE LEGAL EFFECTS UPON THOSE TO WHOM THEY ARE ADDRESSED .
IT FOLLOWS FROM THE NATURAL MEANING OF THE WORD THAT A DECISION MARKS THE CULMINATION OF PROCEDURE WITHIN THE HIGH AUTHORITY, AND IS THUS THE DEFINITIVE EXPRESSION OF ITS INTENTIONS .
FINALLY, IT IS NECESSARY FOR THE LEGAL PROTECTION OF ALL THOSE AFFECTED THAT THEY SHOULD BE ABLE TO IDENTIFY BY ITS VERY FORM A DECISION WHICH INVOLVES SUCH SERIOUS LEGAL CONSEQUENCES, IN PARTICULAR A COMPULSORY TIME-LIMIT FOR EXERCISING THE RIGHT OF INSTITUTING PROCEEDINGS AGAINST IT . IN PARTICULAR, FOR A MEASURE TO AMOUNT TO A DECISION, THOSE TO WHOM IT IS ADDRESSED MUST BE ENABLED TO RECOGNIZE CLEARLY THAT THEY ARE DEALING WITH SUCH A MEASURE .
IT FOLLOWS THEREFORE FROM ALL THESE CONSIDERATIONS THAT A DECISION MUST APPEAR AS A MEASURE TAKEN BY THE HIGH AUTHORITY, ACTING AS A BODY, INTENDED TO PRODUCE LEGAL EFFECTS AND CONSTITUTING THE CULMINATION OF PROCEDURE WITHIN THE HIGH AUTHORITY, WHEREBY THE HIGH AUTHORITY GIVES ITS FINAL RULING IN A FORM FROM WHICH ITS NATURE CAN BE IDENTIFIED .
ANY MEASURE, THEREFORE, WHICH IN PARTICULAR, DOES NOT APPEAR TO HAVE BEEN DEBATED AND ADOPTED BY THE HIGH AUTHORITY AND AUTHENTICATED BY THE SIGNATURE OF ONE OF ITS MEMBERS, CANNOT BE REGARDED AS A DECISION .
IN THE PRESENT CASE, IN SPITE OF THE APPARENTLY PEREMPTORY NATURE OF THE LETTERS IN DISPUTE, THEY CANNOT BE CONSIDERED AS DECISIONS WITHIN THE MEANING OF THE TREATY . IN FACT, THERE IS NOTHING TO INDICATE THAT THE HIGH AUTHORITY, SITTING AS A BODY, HAD DISCUSSED AND RESOLVED UPON THEM . THE APPLICANTS WERE MERELY 'REQUESTED' TO MAKE PAYMENT, AND, ACCORDING TO THE 'EXPLANATORY NOTES' ENCLOSED WITH THE CONTESTED LETTERS, TO SUBMIT ANY OBSERVATIONS THEY MIGHT HAVE . CONSEQUENTLY THE APPLICATIONS ARE