NOT BEEN CHALLENGED BY THE PARTIES AND THERE ARE NO REASONS FOR THE COURT TO RAISE THE MATTER OF ITS OWN MOTION . THE ORIGINAL APPLICATION AND THE APPLICATION TO INTERVENE ARE THEREFORE ADMISSIBLE .
I - THE PROCEDURE FOLLOWED BY THE HIGH AUTHORITY
1 . IT IS APPROPRIATE TO CONSIDER WHETHER THE PROVISIONS OF ARTICLE 70 OF THE TREATY LAY DOWN FOR MEMBER STATES OBLIGATIONS WITH WHICH THE HIGH AUTHORITY HAS TO ENSURE COMPLIANCE OR WHETHER THIS ARTICLE IS ONLY A DECLARATION OF PRINCIPLE WHICH DOES NOT IMPLY ANY DUTY ON THE PART OF EITHER THE COMMUNITY INSTITUTIONS OR THE MEMBER STATES .
A
( A ) IT EMERGES FROM THE CLEAR WORDING OF ARTICLE 70 OF THE TREATY THAT THE HIGH CONTRACTING PARTIES RECOGNIZE IN THE CASE OF TRANSPORT :
( 1 ) THAT 'THE ESTABLISHMENT OF THE COMMON MARKET NECESSITATES THE APPLICATION OF SUCH RATES AND CONDITIONS FOR THE CARRIAGE OF COAL AND STEEL AS WILL AFFORD COMPARABLE PRICE CONDITIONS TO COMPARABLY PLACED CONSUMERS';
( 2 ) THAT THIS NECESSITY IMPLIES MORE PARTICULARLY THE PROHIBITION OF THE TYPES OF DISCRIMINATION WHICH ARE MORE FULLY SET OUT IN THE SECOND PARAGRAPH, A PROHIBITION MOREOVER WHICH IS STRENGTHENED BY THE EXCEPTION IN THE FOURTH PARAGRAPH;
( 3 ) THAT 'THE SCALES, RATES AND ALL OTHER TARIFF RULES OF EVERY KIND APPLIED TO THE CARRIAGE OF COAL AND STEEL WITHIN EACH MEMBER STATE AND BETWEEN MEMBER STATES SHALL BE PUBLISHED OR BROUGHT TO THE KNOWLEDGE OF THE HIGH AUTHORITY';
THIS PARAGRAPH IS A CONCRETE AND BINDING PROVISION .
( B ) THE FOURTH INDENT OF THE SECOND PARAGRAPH OF ARTICLE 5 IMPOSES ON THE HIGH AUTHORITY THE DUTY TO ENSURE THE OBSERVANCE OF THE RULES LAID DOWN IN THE TREATY .
THIS OBLIGATION MOREOVER IS CONFIRMED BY ARTICLE 8 OF THE TREATY .
THE HIGH AUTHORITY HAS THEREFORE THE POWER TO REQUIRE STATES TO FULFIL THEIR OBLIGATIONS UNDER ARTICLE 70 .
B
1 . ARTICLE 14 PLACES AT THE DISPOSAL OF THE HIGH AUTHORITY 'IN ORDER TO CARRY OUT THE TASKS ASSIGNED TO IT' TWO COURSES OF ACTION, WHICH IT MUST USE 'IN ACCORDANCE WITH THE PROVISIONS OF THIS TREATY '.
THE QUESTION THEREFORE IS WHETHER THE HIGH AUTHORITY, WHICH HAS TO ENSURE THAT ARTICLE 70 IS OBSERVED, COULD 'IN ACCORDANCE WITH PROVISIONS OF THE TREATY' TAKE ACTION BY WAY OF A RECOMMENDATION .
THE PROVISIONS OF ARTICLE 70, AND IN PARTICULAR THE FIRST AND SECOND PARAGRAPHS THEREOF, ARE ADDRESSED FIRST TO THE MEMBER STATES WHO HOLD THE POWER TO MAKE REGULATIONS IN THIS FIELD . THIS VIEW IS CONFIRMED BY THE FIFTH PARAGRAPH OF THE SAID ARTICLE 70, ACCORDING TO WHICH TRANSPORT POLICY SHALL CONTINUE TO BE GOVERNED BY THE LAWS OR REGULATIONS OF THE INDIVIDUAL MEMBER STATES, SUBJECT TO THE PROVISIONS OF THAT ARTICLE AND TO THE OTHER PROVISIONS OF THE TREATY . WITH THIS RESERVATION, TRANSPORT UNDERTAKINGS ARE NOT SUBJECT TO THE POWER TO MAKE REGULATIONS VESTED IN THE HIGH AUTHORITY, WHICH IS ONLY EMPOWERED TO REQUIRE