PIG-IRON ( DECISIONS NOS 26/55 AND 3/56 ).
THE QUESTION WHICH IS TO BE ANSWERED IS THEREFORE WHETHER THE HIGH AUTHORITY, CONVINCED AS IT WAS OF THE CAPITAL IMPORTANCE OF PREVENTING THE PRICE OF DOMESTIC SCRAP FROM RISING TO THE PRICE LEVEL OF IMPORTED SCRAP AND DETERMINED FOR THIS REASON TO INTRODUCE EQUALIZATION, WAS UNDER A DUTY IN LAW TO PREVENT THE SCHEME FROM HAVING ANY REPERCUSSIONS WHICH MIGHT HARM THE INTERESTS OF PRODUCERS OF PIG-IRON OR OF SOME OF THEIR NUMBER .
IN VIEW OF THE FACT THAT, WHEN INTRODUCING EQUALIZATION, THE HIGH AUTHORITY ADOPTED INDIRECT MEASURES ( THE BONUS FOR ECONOMIES IN FERROUS SCRAP THROUGH INCREASED USE OF PIG-IRON ) DESIGNED TO IMPROVE TO SOME EXTENT THE POSITION OF PIG-IRON PRODUCERS, THE QUESTION ARISES WHETHER THIS PRECAUTION WAS SUFFICIENT OR WHETHER MORE COMPREHENSIVE STEPS SHOULD HAVE BEEN TAKEN TO MAINTAIN IN ITS ENTIRETY THE COMPETITIVE POSITION OF PRODUCERS OF PIG-IRON, FOR EXAMPLE, BY A DIRECT MEASURE EXEMPTING FERROUS SCRAP USED IN PIG-IRON PRODUCTION FROM THE EQUALIZATION CONTRIBUTION .
ON THIS POINT, THE COURT CONSIDERS THAT THE APPLICANT'S CONTENTION THAT, IN ADOPTING ITS MEASURES, THE HIGH AUTHORITY OUGHT TO HAVE ENSURED THAT THERE WAS NO CHANGE IN THE COMPETITIVE POSITION OF PRODUCERS OF PIG-IRON AS COMPARED WITH OTHER SCRAP CONSUMERS IS AN UNREASONABLE DEMAND . IF IT WERE ACCEPTED THAT SUCH A STRICT OBLIGATION EXISTED IT WOULD BE NECESSARY TO APPLY IT NOT ONLY TO THE CASE OF PIG-IRON PRODUCERS BUT ALSO TO ALL CASES IN WHICH THE COMPETITIVE POSITION OF A PRODUCER COMING WITHIN THE JURISDICTION OF THE COMMUNITY WAS AFFECTED, EVEN INDIRECTLY .
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ANY SET OF ECONOMIC RULES NECESSARILY HAS CONSEQUENTIAL EFFECTS, EVEN ON THE INTERESTS OF THOSE WITHIN THE JURISDICTION TO WHOM THOSE MEASURES ARE NOT DIRECTLY ADDRESSED . THE APPLICATION OF THE PRINCIPLE ADVOCATED BY THE APPLICANT WOULD RENDER UNLAWFUL ANY ACTION IN THE ECONOMIC FIELD WHICH THE STATE CONSIDERED NECESSARY TO SAFEGUARD MAJOR INTERESTS IF IT HAD NOT PROVIDED FOR THE WHOLE RANGE OF INTERESTS INVOLVED HOWEVER REMOTE THEY MIGHT BE FROM THOSE WHICH THAT ACTION WAS PRIMARILY DESIGNED TO FURTHER . A PUBLIC AUTHORITY HAS A DUTY TO ACT WITH CIRCUMSPECTION AND TO INTERVENE ONLY AFTER CAREFULLY BALANCING THE VARIOUS INTERESTS CONCERNED WHILE SO FAR AS POSSIBLE RESTRICTING THE FORESEEABLE DAMAGE TO THIRD PARTIES . IT IS ACCORDINGLY NECESSARY TO ESTABLISH IN THIS CASE WHETHER THE HIGH AUTHORITY TOOK THE INTERESTS OF PIG-IRON PRODUCERS SUFFICIENTLY INTO ACCOUNT . IN THIS CONNEXION THE COURT ASKED THE PARTIES, DURING THE PREPARATORY INQUIRY, TO SUPPLY SPECIFIC INFORMATION ON THE RESULTS OF THE MEASURES ADOPTED BY THE HIGH AUTHORITY IN ORDER TO ENCOURAGE PURCHASERS OF FERROUS SCRAP TO INCREASE THEIR CONSUMPTION OF PIG-IRON . IN ITS REPLY THE HIGH AUTHORITY SUPPLIED INFORMATION FOR THE PERIOD 1 APRIL 1955 TO 31 JULY 1957 FROM WHICH IT APPEARS THAT ECONOMIES IN FERROUS SCRAP FOR WHICH A BONUS WAS PAID AMOUNTED TO 1 643 101 METRIC TONS OR 21 PER CENT OF IMPORTED SCRAP . THIS INFORMATION