A WRONGFUL ACT OR OMISSION, IN COMPENSATION FOR THE DAMAGE SUFFERED BY IT AS A RESULT OF THE ABOVEMENTIONED DEROGATIONS' AND 'ALSO TO TAKE FORMAL NOTE THAT IT INTENDS TO REQUEST THE JOINDER OF THIS NEW APPLICATION' WITH THE PRESENT PROCEEDINGS .
THE APPLICANT HAS NOT ESTABLISHED THAT IT HAS A LEGITIMATE INTEREST IN SUBMITTING SUCH CONCLUSIONS, NOR DOES THE COURT ACCEPT THE EXISTENCE OF SUCH AN INTEREST .
IN FACT THE APPLICANT'S RIGHT TO TAKE ACTION CANNOT IN ANY CASE DEPEND ON THE FACT THAT THE COURT HAS PREVIOUSLY TAKEN FORMAL NOTE OF ITS INTENTION TO AVAIL ITSELF OF SUCH A RIGHT .
THE JOINDER OF FUTURE PROCEEDINGS WITH THE PRESENT PROCEEDINGS WHICH ARE THE SUBJECT OF THE PRESENT JUDGMENT, IS INCONCEIVABLE .
CONSEQUENTLY, FAILING ANY INTEREST, THESE TWO HEADS OF THE PRESENT APPLICATION ARE INADMISSIBLE
CASE 49/59
ADMISSIBILITY
I - SUBMISSIONS PUT FORWARD BY THE DEFENDANT
1 . AS REGARDS THE REQUEST TO REVOKE THE EXEMPTIONS THE DEFENDANT RELIES ON THE DISCRETION OF THE COURT ON THE QUESTION WHETHER THE HIGH AUTHORITY HAS FAILED TO ACT, DESPITE THE FACT THAT WITHIN THE PERIOD OF TWO MONTHS LAID DOWN IN THE THIRD PARAGRAPH OF ARTICLE 35 THE MARKET DIVISION REPLIED TO THE APPLICANT THAT THE QUESTIONS RAISED WERE BEING STUDIED .
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NEVERTHELESS, SUCH A REPLY DOES NOT EXCLUDE THE ADMISSIBILITY OF AN APPLICATION FOR FAILURE TO ACT, SINCE IT DOES NOT AMOUNT TO A DECISION WITHIN THE MEANING OF THE TREATY .
DESPITE THAT LETTER THERE IS AN IMPLIED DECISION OF REFUSAL, IN ACCORDANCE WITH ARTICLE 35 OF THE ECSC TREATY, SO THAT FROM THIS POINT OF VIEW THE APPLICATION FOR FAILURE TO ACT IS ADMISSIBLE .
2 . AS REGARDS THE APPLICATION TO HAVE A NEW RATE OF CONTRIBUTION FIXED AND TO HAVE IT COMMUNICATED TO THE APPLICANT WITH ALL THE INFORMATION ENABLING THE LATTER TO EXERCISE A NORMAL CHECK ON THE ESTABLISHMENT OF THAT RATE, THE DEFENDANT ALLEGES THAT THERE WAS NO FAILURE TO ACT AND NO POSSIBILITY OF SUCH A FAILURE .
IN ORDER TO SHOW THAT THERE WAS NO FAILURE TO ACT, THE DEFENDANT SUBMITS THAT A FULL PROCEDURE WAS COMMENCED AS SOON AS THE JUDGMENT IN JOINED CASES 32 AND 33/58 WAS PRONOUNCED, IN ORDER TO DRAW THE INFERENCES FROM THAT JUDGMENT AND TO FIX THE NEW RATE OF CONTRIBUTION .
THESE OBSERVATIONS ARE IRRELEVANT .
IN FACT THE FAILURE TO ACT REFERRED TO BY ARTICLE 35 OF THE TREATY IS DISTINGUISHED BY THE ABSENCE OF AN EXPRESS DECISION; THE PRELIMINARY WORK UNDERTAKEN IN PREPARATION FOR SUCH A DECISION CANNOT BE ASSIMILATED TO THE DECISION ITSELF .
IN ORDER TO SHOW THAT THERE WAS NO POSSIBILITY OF A FAILURE TO ACT THE DEFENDANT ALLEGES THAT THE HIGH AUTHORITY'S DEPARTMENTS HAD TO HAVE A SUFFICIENT PERIOD OF TIME TO FIX THE NEW RATE OF CONTRIBUTION FOLLOWING THE JUDGMENT IN JOINED CASES 32 AND 33/58 .
ACCORDING TO THE DEFENDANT, THE HIGH AUTHORITY CANNOT BE 'FORCED, WITHIN A CERTAIN PERIOD AND AT THE