FULFIL THEIR OBLIGATIONS UNDER ARTICLE 70 OF THE TREATY AND REFERRED TO IN ARTICLE 1 OF THE RECOMMENDATION MIGHT HAVE NO EFFECT IN THE ABSENCE OF ANY CHECKS ON THEIR IMPLEMENTATION OR COMPULSORY POWERS . THE TAKING OF THESE MEASURES IS THEREFORE THE OBVIOUS AND INEVITABLE COMPLEMENT OF THE OBLIGATIONS IMPOSED UPON GOVERNMENTS WHICH ARE ENTIRELY RESPONSIBLE NOT ONLY FOR PROVIDING FOR THE ATTAINMENT OF THE AIMS OF ARTICLE 70 BUT ALSO FOR ENSURING THEIR IMPLEMENTATION .
3 . THE APPLICANT MAINTAINS THAT THE FIXING OF THE TIME LIMIT IMPOSED UPON GOVERNMENTS BY ARTICLE 4 ( 1 ) OF THE RECOMMENDATION :
( A ) EITHER IMPLIES THAT ARTICLES 1 AND 2 OF THE RECOMMENDATION IMPOSE UPON MEMBER STATES NEW OBLIGATIONS, WHICH ARE VOID BECAUSE THEY HAVE NO LEGAL FOUNDATION AND WOULD THEREFORE ENTAIL THE NULLITY OF ARTICLE 4 ( 1 );
( B ) OR ARE ONLY INTENDED TO REFER TO THE CARRYING OUT OF PRE-EXISTING OBLIGATIONS, NON-COMPLIANCE WITH WHICH COULD ONLY BE DETERMINED UNDER ARTICLE 88 .
WITH REGARD TO ( A ), THIS ARGUMENT CONFUSES THE CREATION OF A NEW OBLIGATION WITH GIVING CONCRETE FORM TO A PRE-EXISTING OBLIGATION . THE LATTER APPLIES IN THIS CASE, AND IT IS LOGICAL THAT IT SHOULD INVOLVE ALSO THE FIXING OF A TIME LIMIT .
WITH REGARD TO ( B ), THE FIXING OF A TIME LIMIT DOES NOT PUT THE CONTESTED RECOMMENDATION ON THE SAME FOOTING AS THE PHASE INITIATING THE PROCEDURE UNDER ARTICLE 88 . THE PROCEDURE SET OUT IN THIS ARTICLE IS NOT INITIATED AUTOMATICALLY BY THE EXPIRATION OF A TIME LIMIT BUT PRESUPPOSES THAT AN EXAMINATION OF THE SITUATION HAS LED THE HIGH AUTHORITY TO 'CONSIDER' THAT THERE HAS BEEN A FAILURE TO FULFIL AN OBLIGATION UNDER THE TREATY . ANY FINDING THAT SUCH A FAILURE EXISTS IS PRECLUDED IN THIS CASE, TO THE BENEFIT OF GOVERNMENTS, SO LONG AS THE PERIOD FIXED FOR THE FULFILMENT OF THIS OBLIGATION HAS NOT EXPIRED .
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4 . THE APPLICANT IS OF THE OPINION THAT THE FACT THAT ARTICLE 4 ( 2 ) OF THE RECOMMENDATION REQUIRES THE GOVERNMENTS OF THE MEMBER STATES TO COMMUNICATE TO THE HIGH AUTHORITY BY 31 OCTOBER 1961 THE CONTENT OF MEASURES WHICH THEY PROPOSE TO ADOPT IN ORDER TO IMPLEMENT THE CONTESTED RECOMMENDATION IS AN INFRINGEMENT OF THE TREATY .
THIS PROVISION IS ONLY INTENDED TO ENABLE THE HIGH AUTHORITY AND THE MEMBER STATES TO PRESENT THEIR VIEWS ONE TO ANOTHER ON A NON-CONTENTIOUS BASIS . AS THE INTENTION OF THIS PROCEDURE IS TO SECURE COOPERATION BETWEEN THE PARTIES, IT CANNOT PROVIDE THE APPLICANT WITH ANY GROUNDS FOR COMPLAINT AND THEREFORE DOES NOT GIVE THE COURT ANY GROUNDS FOR CRITICISM .
THE SUBMISSIONS CONCERNING ARTICLE 4 ARE NOT JUSTIFIED .
Decision on costs
UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS .
THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS HAS FAILED IN ALL ITS SUBMISSIONS AND