THIS ENLARGEMENT OF THE EQUALIZATION SCHEME HAVE NOT BEEN GIVEN .
THE APPLICANT HAS NOT PROVED THAT THE GENERAL DECISIONS WHICH IT CRITICIZES UNEQUIVOCALLY PERMIT THE INCLUSION IN THE EQUALIZATION SCHEME OF AMOUNTS OF SCRAP WHICH COULD NOT ON ANY REASONABLE BASIS BE SO INCLUDED .
THE STATEMENTS OF ACCOUNT RELATING TO THE EQUALIZATION OF SCRAP ARE ONLY PROVISIONAL . IT WILL NOT BE POSSIBLE UNTIL THE INVESTIGATIONS IN PROGRESS ARE COMPLETED TO ASCERTAIN FINALLY THE AMOUNT OF EQUALIZATION PAYMENTS OBTAINED BY FRAUD OR TO DETERMINE THE AMOUNT WHICH MAY EVENTUALLY BE RECOVERED . THEREFORE THE APPLICANT CANNOT AT PRESENT PUT FORWARD ANY REASON FOR DISPUTING IN THIS RESPECT THE PROVISIONAL EQUALIZATION CALCULATIONS .
( CC ) FOR THESE REASONS THIS SUBMISSION IS UNFOUNDED .
( C ) CHANGES IN THE AMOUNTS OF SCRAP BROUGHT INTO EQUALIZATION
THE APPLICANT SUBMITS THAT THE EQUALIZATION CALCULATIONS ARE INACCURATE INASMUCH AS THE FIGURES RELATING TO THE SCRAP BROUGHT INTO EQUALIZATION HAVE CHANGED WITHOUT ANY EXPLANATION OF THIS FACT HAVING BEEN SUPPLIED BY THE HIGH AUTHORITY .
THE STATEMENTS OF ACCOUNT RELATING TO EQUALIZATION ARE ONLY PROVISIONAL AND REFLECT THE STAGE REACHED IN THE INVESTIGATIONS AND CHECKS BEING CARRIED OUT .
THE REQUIREMENT THAT THE REASONS UPON WHICH GENERAL DECISIONS RELATING TO EQUALIZATION ARE BASED MUST BE STATED DOES NOT INCLUDE AN OBLIGATION TO REPRODUCE IN DETAIL ALL THE RESULTS OF THE CHECKS .
THIS SUBMISSION IS THEREFORE UNFOUNDED .
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( D ) ECONOMIES IN THE USE OF SCRAP BY THE INCREASED USE OF PIG-IRON
THE APPLICANT SUBMITS THAT THE GRANT OF A BONUS UNDER DECISION NO 26/55 FOR USING PIG - IRON IN SIEMENS AND MARTIN FURNACES AND THE GRANT OF A BONUS UNDER DECISION NO 3/56 FOR USING THOMAS STEEL IN ELECTRIC FURNACES AMOUNTS TO DISCRIMINATION AND DISTORTS THE CONDITIONS OF COMPETITION TO THE PREJUDICE OF UNDERTAKINGS WHICH, LIKE THE APPLICANT UNDERTAKING, USE SOLID-CHARGE FURNACES .
THE BONUS GRANTED TO UNDERTAKINGS UNDER THE CONDITIONS LAID DOWN IN DECISIONS NOS 26/55 AND 3/56 ONLY AMOUNTED TO COMPENSATION PAYABLE TO THEM FOR THE INCREASE IN THEIR RUNNING COSTS CAUSED BY AN INCREASED INPUT OF PIG-IRON . THEREFORE THESE UNDERTAKINGS DID NOT DERIVE A FINANCIAL ADVANTAGE FROM THE BONUS . IT FOLLOWS THAT THE GENERAL DECISIONS CRITICIZED BY THE APPLICANT WERE INCAPABLE OF EITHER DISCRIMINATING AGAINST IT OR OF DISTORTING THE CONDITIONS OF COMPETITION TO ITS DETRIMENT .
THIS SUBMISSION IS THEREFORE UNFOUNDED .
( E ) THE FIXING OF THE EQUALIZATION PRICES
( AA ) THE APPLICANT SUBMITS THAT THE EQUALIZATION PRICES COULD NOT HAVE BEEN VALIDLY DETERMINED BECAUSE THE PRICES PAID FOR COMMUNITY SCRAP HAVE NOT BEEN ACCURATELY ESTABLISHED OR CHECKED .
THE FACTS UPON WHICH THE CALCULATION OF THE EQUALIZATION PRICES HAVE TO BE BASED HAVE BEEN TAKEN FROM THE MONTHLY DECLARATIONS OF UNDERTAKINGS SETTING OUT THE PRICES WHICH THEY PAID . THE HIGH AUTHORITY CAREFULLY ESTABLISHED THE ACCURACY OF THESE DECLARATIONS BY CHECKING THE PURCHASE INVOICES .
( BB ) THE APPLICANT ALSO SUBMITS THAT THE DETERMINATION OF UNIFORM EQUALIZATION