LEGAL ORGANIZATION GOVERNING THE SALE OF RUHR COAL BECAME INEFFECTIVE WITHOUT BEING REPLACED BY NEW REGULATIONS COMPATIBLE WITH THE TREATY . TO WAIT UNTIL THE COAL-MINES OF THE RUHR SUBMITTED NEW REGULATIONS WHICH COULD BE AUTHORIZED BEFORE FORMALLY REJECTING THE EARLIER REGULATIONS CORRESPONDED TO THE DESIRE, WHICH WAS BASED ON THE GENERAL AIMS OF THE TREATY AND IN PARTICULAR ON ARTICLE 3 ( A ) THEREOF, TO AVOID THAT SITUATION . ALL THE EFFORTS TOWARDS THE ADOPTION OF REGULATIONS GOVERNING THE SALE OF RUHR COAL FORM A SINGLE ENTITY, BEGINNING WITH THE REQUESTS FOR THE AUTHORIZATION OF THE DECISIONS OF 5 FEBRUARY 1953 AND ENDING WITH THE AUTHORIZATION GIVEN TO THE AGREEMENTS FINALLY ADAPTED TO THE REQUIREMENTS OF THE HIGH AUTHORITY AND REFERRED TO IN DECISIONS NOS 5 TO 7/56 . IT IS IMPOSSIBLE FOR THAT CONTINUOUS DEVELOPMENT TO BE ARTIFICIALLY DIVIDED AND FOR THE FIRST REQUEST FOR AUTHORIZATION WHICH WAS PRESENTED WITHIN THE REQUIRED TIME TO BE THEREBY DEPRIVED OF THE SUSPENSORY EFFECT PROVIDED FOR IN DECISION NO 37/53 .
( C ) THERE IS THEREFORE NO ERROR OF LAW IN THE FINDING MADE BY THE CONTESTED DECISION THAT THE PROHIBITIONS IN ARTICLE 65 ( 1 ) OF THE TREATY WERE NOT APPLICABLE TO THE DECISIONS OF 5 FEBRUARY 1953 UNTIL THE ENTRY INTO FORCE OF DECISIONS NOS 5 TO 7/56 ON 22 FEBRUARY 1956 . SUCH A FINDING DOES NOT PREJUDGE THE QUESTION, WHICH THE LANDGERICHT ESSEN DID NOT RAISE IN ITS DECISION TO STAY PROCEEDINGS, WHAT LAW TO APPLY TO THOSE DECISIONS DURING THE PERIOD FROM 5 TO 10 FEBRUARY AND WHETHER OR NOT THEY WERE VALID ACCORDING TO THAT LAW .
( D ) IT IS TRUE, AS THE APPLICANT HAS OBSERVED, THAT THE CONTESTED DECISION IS MAINLY BASED ON THE FACT THAT THE HIGH AUTHORITY TOOK NO STEPS AGAINST THE COMMERCIAL REGULATIONS IN QUESTION UNTIL DECISIONS NOS 5 TO 7/56 WERE ADOPTED . ARTICLE 12 OF THE CONVENTION SETS NO SPECIFIC PERIOD WITHIN WHICH ACTION MUST BE TAKEN AGAINST THE " EXISTING " AGREEMENTS, WITH THE RESULT THAT THE HIGH AUTHORITY IS ENTITLED TO USE ITS DISCRETION . THE FACT THAT IT TOOK THREE YEARS TO MAKE A THOROUGH EXAMINATION OF THE ORGANIZATION OF THE SALE OF RUHR COAL AND TO INTRODUCE A NEW METHOD OF ORGANIZATION CANNOT BE REGARDED AS AN ABUSE OF ITS DISCRETIONARY POWER IN THE LIGHT OF THE COMPLEXITY AND GREAT ECONOMIC AND SOCIAL IMPORTANCE OF THE REORGANIZATION IN QUESTION .
P . 32
IF THE APPLICANT CONSIDERED THAT THE HIGH AUTHORITY SHOULD HAVE TAKEN SEPARATE AND EARLIER ACTION AGAINST THE COMMERCIAL REGULATIONS IN DISPUTE, IT WAS ENTITLED TO REFER THE MATTER TO IT IN ACCORDANCE WITH ARTICLE 35 OF THE TREATY AND TO BRING AN ACTION FOR FAILURE TO ACT IF THE HIGH AUTHORITY ADOPTED NO DECISION OR RECOMMENDATION . AS NO SUCH PROCEEDINGS WERE INSTITUTED BY THE APPLICANT THE HIGH AUTHORITY IS DEEMED NOT TO HAVE INFRINGED THE TREATY BY TAKING NO ACTION AT THAT PERIOD .
7 .