SUFFICIENT REASONS ARE GIVEN FOR THE DECISION BY THE REFERENCE TO THE COMPARISON ESTABLISHED BETWEEN THE SPECIAL RATES IN FORCE BEFORE AND AFTER THE WAR .
P . 239
AS REGARDS THE SECOND POINT, THE COMPLAINT APPEARS TO REQUIRE THAT THE HIGH AUTHORITY, HAVING ACCEPTED A REASON FOR GRANTING A SPECIAL RATE IN AN INDIVIDUAL CASE, SHOULD EXPLAIN, IN ANY OTHER CASE, WHY IT HAS NOT ACCEPTED THAT REASON .
THAT REQUIREMENT CANNOT BE JUSTIFIED FROM THE POINT OF VIEW OF THE STATEMENT OF SUFFICIENT REASONS AND IT MUST THEREFORE BE REJECTED .
THE SUBMISSION AS TO MISUSE OF POWERS
THE APPLICANT HAS ALSO BASED ITS APPLICATION ON THE SUBMISSION THAT THERE HAS BEEN A MISUSE OF POWERS 'IN SO FAR AS THERE HAS BEEN A DEPARTURE FROM THE LEGITIMATE OBJECTIVES OF THE TREATY '.
A COMPLAINT STATED IN SUCH VAGUE TERMS WHICH IS NOT BASED ON ANY SPECIFIC ARGUMENT MUST BE REJECTED AT ONCE .
IN ITS REPLY, THE APPLICANT HAS, IN ADDITION, PUT FORWARD A SECOND COMPLAINT OF MISUSE OF POWERS, ALLEGING THAT THE HIGH AUTHORITY SHOULD HAVE APPLIED ARTICLE 67 OF THE TREATY INSTEAD OF THE SEVENTH PARAGRAPH OF ARTICLE 10 OF THE CONVENTION .
SINCE THE SUBMISSION OF MISUSE OF POWERS HAD ALREADY BEEN RAISED, THIS SECOND COMPLAINT COULD LEGITIMATELY APPEAR FOR THE FIRST TIME IN THE REPLY . HOWEVER, IT MUST BE REJECTED FOR THE SAME REASONS AS THE FIRST .
THEREFORE THE APPLICATION SUBMITTED AGAINST THE DECISIONS OF 9 FEBRUARY 1958 MUST BE DISMISSED .
Decision on costs
THE APPLICANT HAS FAILED IN ALL ITS SUBMISSIONS AND MUST THEREFORE BEAR ALL THE COSTS .
Operative part
THE COURT
HEREBY :
1 . DISMISSES THE APPLICATION AS UNFOUNDED;
2 . ORDERS THE APPLICANT TO BEAR THE COSTS .