PROVISIONS SHALL CEASE TO APPLY, AND MEASURES TAKEN TO IMPLEMENT THEM SHALL CEASE TO HAVE EFFECT, AT THE END OF THE TRANSITIONAL PERIOD ".
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THEREFORE THE TIME ALLOWED BY THE HIGH AUTHORITY FOR THE MODIFICATION OF THE TARIFFS AT ISSUE SHOULD NOT HAVE EXCEEDED THE TRANSITIONAL PERIOD AND SHOULD HAVE ENDED AT THE EXPIRATION OF THAT PERIOD .
THIS ARGUMENT MUST BE REJECTED .
THE TWO PREROGATIVES OF THE HIGH AUTHORITY IN THIS CONNEXION MUST BE DISTINGUISHED . ON THE ONE HAND, IT IS UNDER A DUTY, FOR THE PURPOSE OF PERMITTING SPECIAL INTERNAL RATES AND CONDITIONS TO BE MODIFIED, TO ALLOW SUCH TIME AS MAY BE NECESSARY TO AVOID ANY SERIOUS ECONOMIC DISTURBANCE AND, ON THE OTHER HAND, IT HAS THE RIGHT TO FIX THE DURATION OF THE TIME ALLOWED .
ALTHOUGH THIS DUTY MUST BE CARRIED OUT SUBJECT TO A STRICT TIME-LIMIT PRESCRIBED BY THE TREATY, THE DURATION OF THE PERIODS IN QUESTION ALLOWED CANNOT, ON THE OTHER HAND, BE IN GENERAL RESTRICTED TO A FIXED PERIOD SUCH AS THE TRANSITIONAL PERIOD .
IN FACT, SINCE THE SPECIAL INTERNAL RATES AND CONDITIONS MAY EVEN, FOR JUSTIFIABLE REASONS, BE EXAMINED JUST BEFORE THE EXPIRATION OF THE TRANSITIONAL PERIOD, THE HIGH AUTHORITY COULD NOT PERFORM ITS DUTY TO ALLOW THE TIME PROVIDED FOR BY THE SEVENTH PARAGRAPH OF ARTICLE 10 OF THE CONVENTION IF THE PERIODS OF TIME GRANTED WERE IN NO CIRCUMSTANCES TO EXCEED THE EXPIRATION OF THE TRANSITIONAL PERIOD .
THERE IS NO DOUBT THAT THE SEVENTH PARAGRAPH OF ARTICLE 10 OF THE CONVENTION, AS FAR AS THE DURATION OF THE TIME WHICH THE HIGH AUTHORITY HAS TO ALLOW FOR THE MODIFICATION OF SPECIAL INTERNAL RATES AND CONDITIONS CONTRAVENING THE TREATY IS CONCERNED, IS NOT SUBJECT TO THE RULE LAID DOWN IN THE SECOND PART OF THE FIFTH PARAGRAPH OF ARTICLE 1 OF THE CONVENTION; THEREFORE THE HIGH AUTHORITY IS NOT ONLY ENTITLED BUT FORCED TO GRANT PERIODS OF TIME WHICH EXCEED THE EXPIRATION OF THE TRANSITIONAL PERIOD, IF IT CONSIDERS THIS TO BE NECESSARY IN ORDER TO AVOID ANY SERIOUS ECONOMIC DISTURBANCE .
THE APPLICANTS COULD ONLY CHALLENGE THE LEGALITY OF THE TIME ALLOWED BY THE HIGH AUTHORITY BY ARGUING THAT ITS DURATION IS NOT IN THIS CASE JUSTIFIED BY THE NEED TO AVOID SUCH SERIOUS ECONOMIC DISTURBANCES .
HOWEVER THE APPLICANTS DID NOT ADVANCE THIS ARGUMENT .
THEREFORE THE SECOND COMPLAINT OF THE APPLICATION IS UNFOUNDED .
UNDER ARTICLE 60 ( 2 ) OF THE RULES OF PROCEDURE OF THE COURT OF JUSTICE OF THE ECSC THE COURT MAY ORDER THAT THE PARTIES BEAR THEIR OWN COSTS IN WHOLE OR IN PART WHEN EACH PARTY SUCCEEDS ON SOME AND FAILS ON OTHER HEADS .
UNDER ARTICLE 4 OF THESE RULES CONCERNING LEGAL COSTS, FEES AND OTHER SUMS PAYABLE TO EXPERTS ARE REGARDED AS RECOVERABLE COSTS .
THE DEFENDANT IN THIS CASE HAS PARTIALLY FAILED ON THE FIRST HEAD OF THE SUBMISSIONS OF THE APPLICATION; THE EXPERT'S REPORT CALLED FOR BY THE ORDER OF