53/63 WAS ADMISSIBLE AND THAT IT HAD ONLY INSTITUTED IT AS A PRECAUTIONARY MEASURE . IN THESE CIRCUMSTANCES IT IS NECESSARY TO PROCEED ON THE BASIS THAT THE APPLICANT, FAR FROM ACKNOWLEDGING ONCE AND FOR ALL THAT THE CALCULATION OF THE DISPUTED AMOUNT COMPLIED WITH THE TREATY AND WITH THE RULES OF LAW RELATING TO ITS APPLICATION, SIMPLY INTENDED TO LIMIT THE SUBJECT-MATTER OF THE SAID APPLICATION TO THE PERIOD PRIOR TO 1 FEBRUARY 1957 IN ORDER TO MINIMIZE THE RISK ON THE QUESTION OF COSTS . THE OBJECTION MUST THEREFORE BE DISMISSED .
( B ) THE DEFENDANT RAISES ANOTHER OBJECTION OF INADMISSIBILITY ON THE GROUND THAT THE APPLICANT'S SUBMISSIONS ARE NOT SUFFICIENTLY DETAILED .
UNDER ARTICLE 22 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE ECSC AND ARTICLE 38(1)(C ) OF THE RULES OF PROCEDURE THE APPLICANT ONLY HAS TO GIVE A BRIEF STATEMENT OF THE GROUNDS ON WHICH THE APPLICATION IS BASED . IN THIS CASE THE APPLICANT HAS COMPLIED WITH THIS CONDITION, AS ITS APPLICATION MAKES IT POSSIBLE TO IDENTIFY THE COMPLAINTS WHICH IT INTENDS TO RAISE AND THE ESSENCE OF THE ARGUMENTS INVOKED IN SUPPORT OF THEM . THEREFORE THIS OBJECTION MUST BE DISMISSED .
( C ) THE APPLICANT HAS PRODUCED AN OPINION OF A UNIVERSITY PROFESSOR ANNEXED TO ITS REPLY BUT HAS STATED THAT THIS OPINION ' DOES NOT REPRESENT IN EVERY RESPECT THE VIEW OF THE APPLICANT '.
IN VIEW OF THIS STATEMENT THE COURT CANNOT REGARD THIS OPINION AS FORMING PART OF THE SUBMISSIONS AND ARGUMENTS PUT FORWARD BY THE APPLICANT .
B - THE SUBSTANCE OF THE SUBMISSIONS
1 . THE RATE OF EXCHANGE TO BE APPLIED TO THE CALCULATION OF THE DEBTS OF UNDERTAKINGS
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THE APPLICANT COMPLAINS THAT THE DEFENDANT DID NOT TAKE PROPER ACCOUNT, WHEN IT CALCULATED THE AMOUNTS CHARGED TO UNDERTAKINGS, EITHER OF THE DOUBLE DEVALUATION OF THE FRENCH FRANC OR THE REVALUATION OF THE GERMAN MARK . IN ITS OPINION THE UNIT OF ACCOUNT IN FACT DETERMINED FINALLY THE AMOUNT AND EXTENT OF THE CREDITS AND DEBITS OF FERROUS SCRAP CONSUMERS, WHEREAS NATIONAL CURRENCIES WERE ONLY THE MEDIUM FOR PAYMENT AND THEIR REVALUATION OR DEVALUATION COULD NOT HAVE ANY EFFECT ON THE AMOUNT OF THE DEBTOR'S OBLIGATION . IT SUBMITS ALSO THAT IF, ON THE OTHER HAND, SUCH AN EFFECT HAD EXISTED THE DEFENDANT SHOULD ALSO HAVE TAKEN INTO ACCOUNT ANY CHANGE IN CURRENCY PARITIES AFTER THE EQUALIZATION PERIOD, IN THIS CASE THE REVALUATION OF THE GERMAN MARK . THEREFORE BY ONLY TAKING INTO ACCOUNT THE DEVALUATION OF THE FRENCH FRANC IT DISCRIMINATED AGAINST GERMAN UNDERTAKINGS .
WITHIN THE FRAMEWORK OF THE EQUALIZATION SCHEME THE UNIT OF ACCOUNT IS NOT A CURRENCY DIFFERENT FROM NATIONAL CURRENCIES BUT IS ONLY AN ACCOUNTING DEVICE INTENDED TO FACILITATE THE FIXING OF A GENERAL EQUALIZATION PRICE AND THE UNIFORM AND EXPEDITIOUS CALCULATION OF EQUALIZATION PAYMENTS AND CONTRIBUTIONS . WITH REGARD TO THE VARIOUS UNDERTAKINGS THE USE OF THE UNIT OF ACCOUNT MERELY INDICATES THE