OF THE RIGHT TO INSTITUTE PROCEEDINGS, FOR WHICH PROVISION IS MADE UNDER THAT ARTICLE AND IN WHICH THE COURT HAS UNLIMITED JURISDICTION NOR CAN ITS ACTIONS AMOUNT TO AN ABUSE OF PROCEDURE .
THE CRITICISMS MADE OF THE RECOMMENDATION IN THIS RESPECT ARE THEREFORE UNFOUNDED .
P . 234
III - THE CONTENT OF THE RECOMMENDATION
A - GENERAL
AS FAR AS THE CONTENT OF THE REGULATION IS CONCERNED, THE APPLICANT COMPLAINS THAT BOTH THE STATEMENT OF REASONS AND THE OPERATIVE PART ARE NOT SUFFICIENTLY CLEAR; THAT THE HIGH AUTHORITY DID NOT CONFINE ITSELF TO DEALING WITH THE AIMS BUT BY IMPLICATION FIXED THE METHODS IN THE RECOMMENDATION, THUS DEPRIVING THE APPLICANT OF THE POSSIBILITY OF CHOOSING THEM, AND THAT AS A RESULT IN THE PRESENT CASE THERE IS NOT A RECOMMENDATION BUT AN ACTUAL DECISION .
THE CONTESTED RECOMMENDATION DOES NOT IMPLY ANY OBLIGATION WITH REGARD TO THE METHODS TO BE ADOPTED IN CONNEXION WITH THE AIMS OF THE TREATY . IT ONLY MENTIONS THE OBLIGATION TO ACHIEVE CERTAIN AIMS BY REQUIRING MEMBER STATES TO ENSURE THAT THE THIRD PARAGRAPH OF ARTICLE 70 IS APPROPRIATELY IMPLEMENTED .
THE STATES ARE COMPLETELY FREE IN THE CHOICE OF MEASURES LEFT TO THEIR DISCRETION PROVIDED THAT SUCH MEASURES CONFORM TO THE STATED AIMS .
FURTHER, THE APPLICANT HAS FAILED TO DEFINE IN WHAT RESPECTS THE HIGH AUTHORITY HAS LIMITED THE CHOICE OF METHODS . AS A RESULT THE CONTESTED RECOMMENDATION, FAR FROM AMOUNTING TO A DECISION, SATISFIES THE PRINCIPLES OF THE THIRD PARAGRAPH OF ARTICLE 14 OF THE TREATY AND DOES NOT JUSTIFY THE COMPLAINT OF MISUSE OF POWERS .
B - PARTICULAR PROVISIONS OF THE RECOMMENDATION
1 . THE APPLICANT MAKES TWO DIFFERENT COMPLAINTS WITH REGARD TO ARTICLE 1 OF THE RECOMMENDATION :
( A ) FIRST, IT RAISES THE OBJECTION THAT PARAGRAPH ( 1 ), CONTRARY TO THE TREATY, TRANSFERRED TO GOVERNMENTS ON THE BASIS OF THE THIRD PARAGRAPH OF ARTICLE 70 THE DUTY OF ADOPTING ALL GENERAL OR SPECIAL MEASURES TO ENABLE PRODUCERS AND CONSUMERS OF COAL AND STEEL TO CARRY OUT 'CHECKS IN ADVANCE' IN ORDER TO DETERMINE WHETHER THE PROVISIONS OF THE FIRST AND SECOND PARAGRAPHS OF THE SAME ARTICLE ARE OBSERVED IN THE CASE OF THE CARRIAGE OF COAL AND STEEL .
THIS SUBMISSION IS MISCONCEIVED, AS THE RECOMMENDATION CONFINES ITSELF TO REQUIRING MEMBER STATES TO PROVIDE WITHIN THE MEANING OF THE THIRD PARAGRAPH REFERRED TO ABOVE 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 '.
P . 235
( B ) SECONDLY, THE APPLICANT MAINTAINS THAT THE AIMS ATTRIBUTED BY THE CONTESTED RECOMMENDATION TO THE PROVISIONS OF THE THIRD PARAGRAPH OF ARTICLE 70 OF THE TREATY GO FURTHER THAN THE OBJECTIVES EXPRESSLY AND, IN ITS VIEW, DEFINITIVELY SET FORTH IN THE FIRST AND SECOND PARAGRAPHS OF THIS ARTICLE .
IN PARTICULAR, BY INCLUDING