USE BY ITS ELECTRIC FURNACES DURING THE PERIOD INDICATED IS 13 475 200 KWH . EVEN IF ONE ACCEPTS AS RELEVANT THE DEFENDANT'S STATEMENT THAT IT ONLY COVERS THE PERIOD FROM OCTOBER 1955 TO APRIL 1957, FROM WHICH DATE THE CONTRACT FOR THE SUPPLY OF ELECTRIC ENERGY TO THE UNDERTAKING WAS TRANSFERRED TO FERRIERE DI BORGARO, THIS INFORMATION IS OF SUCH A NATURE AS TO INVALIDATE THE ASSESSMENT OF THE CONSUMPTION OF FERROUS SCRAP ( AND THE REASONING ON WHICH IT IS BASED ) BY THE ENTERPRISE IN RESPECT OF THE PERIOD FROM 1 OCTOBER 1955 TO 31 JANUARY 1957 .
IN FACT, EVEN TAKING INTO ACCOUNT THE ABOVE - MENTIONED OBSERVATION OF THE HIGH AUTHORITY, THE CONSUMPTION OF ELECTRICITY FOR THE SAID PERIOD WAS 13 475 200 KWH ., LESS 2 358 000 KWH ., WHICH, ACCORDING TO INFORMATION SUPPLIED TO S . A . FIDUCIAIRE SUISSE HAD BEEN CONSUMED DURING THE PERIOD FROM 1 FEBRUARY TO 30 APRIL 1957 . THIS REDUCES THE CONSUMPTION TO 11 117 200 KWH .
USING THE CRITERION ADOPTED BY THE HIGH AUTHORITY ITSELF, THAT IS TO SAY A MAXIMUM CONSUMPTION OF 900 KWH . AND 1 080 KG . FERROUS SCRAP PER METRIC TON OF LIQUID STEEL PRODUCED, A CONSUMPTION OF ELECTRICITY OF 11 117 200 KWH . DOES NOT CORRESPOND TO A CONSUMPTION OF 16 220 TONS OF FERROUS SCRAP, THE FIGURE AT WHICH THE HIGH AUTHORITY PUT THIS CONSUMPTION FOR THE SAID PERIOD .
THE METHOD OF ASSESSMENT BY EXTRAPOLATION INVOLVES THE USE OF SEVERAL HYPOTHETICAL FACTORS . THERE CAN ONLY BE SUFFICIENT JUSTIFICATION IN LAW FOR AN ESTIMATED ASSESSMENT WHERE THERE IS A TOTAL LACK OF OTHER INFORMATION . THE PRODUCTION BEFORE A COURT OF EVIDENCE INVALIDATING THE RESULTS OF EXTRAPOLATION IS ADMISSIBLE . THE JUSTIFICATION FOR THE ESTIMATED ASSESSMENT FOR THE PERIOD FROM 1 OCTOBER 1955 TO 31 JANUARY 1957 MUST THEREFORE BE CONSIDERED INSUFFICIENT .
THE DEFENDANT HAS ALLEGED THAT AT THE TIME WHEN THE DISPUTED DECISIONS WERE TAKEN, IT DID NOT YET HAVE AT ITS DISPOSAL THE INFORMATION EVENTUALLY PRODUCED BY THE APPLICANT UPON THE COURT'S ORDER; HOWEVER JUSTIFIED THIS OBSERVATION MAY BE, IT CANNOT HOWEVER COMPENSATE FOR THE INADEQUACY OF THE DATA UPON WHICH THE HIGH AUTHORITY RELIED . AS HAS BEEN STATED ABOVE, AN ESTIMATED ASSESSMENT MAY BE CONTRADICTED BY EVIDENCE TO THE CONTRARY, AND MUST CONSEQUENTLY BE ANNULLED IN SO FAR AS IT IS PROVED TO BE INEXACT .
IT FOLLOWS FROM THE ABOVE THAT THE CONTESTED DECISIONS RELATING TO THE ESTIMATED ASSESSMENTS MUST BE ANNULLED IN RESPECT OF THE PERIOD FROM 1 OCTOBER 1955 TO 31 JANUARY 1957 .
AS TO THE OBJECTION OF ILLEGALITY DIRECTED AGAINST ARTICLE 10 ( B ) AND ( D ) OF GENERA DECISIONS N.S 2/57 AND 16/58
WHEN BRINGING AN APPLICATION FOR THE ANNULMENT OF INDIVIDUAL DECISIONS, THE APPLICANT MAY PUT AT ISSUE THE GENERAL DECISIONS OF WHICH THE DECISION IN DISPUTE IS MERELY AN APPLICATION, BECAUSE THE LATTER, ALTHOUGH VALID IN ITSELF, NEVERTHELESS INFRINGES THE