THE INADEQUACY OF OTHER DATA AND, CONSEQUENTLY, THERE IS NO NEED TO COMPLY WITH THE APPLICANT'S REQUEST FOR THE APPOINTMENT OF EXPERTS TO DEMONSTRATE 'WHETHER IT IS REASONABLE AND JUSTIFIED TO DETERMINE INDUCTIVELY THE CONSUMPTION OF FERROUS SCRAP IN ELECTRIC FURNACES OF SMALL CAPACITY, EXCLUSIVELY BY THE METHOD OF CALCULATION PROPOSED BY THE HIGH AUTHORITY, AND TO DEDUCE THEREFROM THE EXACT SUMS OWED BY THE APPLICANT '.
IT APPEARS FROM THE DEFENDANT'S STATEMENT THAT IT HAS NEVER CLAIMED THAT IT WAS ABLE TO DETERMINE AN EXACT SUM AND THAT THE METHOD ADOPTED ONLY AMOUNTS TO AN APPROXIMATE METHOD . MOREOVER UNDERTAKINGS CAN ALWAYS PREVENT THE USE OF AN APPROXIMATE METHOD OF THIS KIND BY PROVIDING THE EXACT DATA IN THEIR POSSESSION . FINALLY THE APPLICANT DID NO MORE THAN MAKE THE VAGUE ALLEGATION THAT EXCEPTIONAL CIRCUMSTANCES WHICH, ACCORDING TO THE OPINIONS PRODUCED BY HER, MIGHT IN CERTAN CASES INVALIDATE THE RELATIONSHIP BETWEEN KWH . AND STEEL PRODUCED, ADOPTED BY THE HIGH AUTHORITY, ARE IN FACT PRESENT IN THIS CASE . HER ASSERTIONS LACK PRECISION AND CANNOT BE TAKEN INTO ACCOUNT .
IT IS FOR THE UNDERTAKING CONCERNED TO ENABLE THE HIGH AUTHORITY TO CARRY OUT ITS DUTIES BY VOLUNTARILY FURNISHING IT WITH THE INFORMATION WHICH IT NEEDS . NOT ONLY HAS THE UNDERTAKING NOT PRODUCED THIS INFORMATION BUT CLAIMS TO HAVE DESTROYED IT . IT MADE NO EFFORT, UNTIL JUST BEFORE THE COURT HEARING, TO OBTAIN THE INFORMATION FROM THE ELECTRICITY COMPANIES . IT THUS ONLY HAS ITSELF TO BLAME FOR HAVING FORCED THE HIGH AUTHORITY TO MAKE AN INDUCTIVE ASSESSMENT AND MUST ACCORDINGLY BEAR THE CONSEQUENCES .
IN REPLY TO THE QUESTIONS PUT BY THE COURT, THE DEFENDANT ADMITTED THAT, FOR THE PERIOD FROM 1 FEBRUARY 1957 TO 31 JANUARY 1958, IT DOES NOT IN FACT HAVE 'INVOICES FROM THE ELECTRICITY COMPANY' AS THE DECISIONS IN DISPUTE INDICATE, BUT HAS HAD TO RELY ON ORAL INFORMATION SUPPLIED BY AN OFFICIAL OF THE AZIENDA ELETTRICA MUNICIPALE OF TURIN TO THE EMPLOYEE OF THE FIDUCIAIRE SUISSE ENTRUSTED TO CARRY OUT CHECKS AT THE APPLICANT'S UNDERTAKING . THE FACT THAT THE DEFENDANT RELIED ON ORAL EVIDENCE DOES NOT NECESSARILY CONSTITUTE BY ITSELF A SUFFICIENT REASON TO INVALIDATE THE DISPUTED DECISION OR THE STATEMENT OF REASONS RELEVANT THERETO .
IN THE ABSENCE OF ANY DOCUMENTS, THE HIGH AUTHORITY WAS JUSTIFIED IN BASING ITS DECISION ON THE DATA AT ITS DISPOSAL . NEITHER THE APPLICANT'S ALLEGATIONS NOR THE LETTER FROM THE AZIENDA ELETTRICA MUNICIPALE OF 22 APRIL 1963, ADDRESSED TO THE APPLICANT AND PRODUCED BY HER ARE CAPABLE OF INVALIDATING THE ACCURACY OF THIS INFORMATION .
THIS LETTER OF 22 APRIL 1963 CONSTITUTES THE REPLY TO THE APPLICANT'S REQUEST MADE IN PURSUANCE OF A QUESTION PUT BY THE COURT TO SEND IT INVOICES FOR THE ELECTRICITY CONSUMED DURING THE PERIOD FROM 1 OCTOBER 1955 TO 31 JANUARY 1957 AND FROM 1 FEBRUARY 1957 TO 31 JANUARY 1958 .
ACCORDING TO THIS LETTER, THE TOTAL CONSUMPTION INVOICED TO ACCIAIERIA ING . A . LEONE FOR