OF GEORGES MARGUE, 6 RUE ALPHONSE-MUNCHEN, APPLICANT,
V
HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY, REPRESENTED BY ITS LEGAL ADVISERS, PROFESSOR GIULIO PASETTI, ACTING AS AGENT, AND WALTER BIGIAVI, PROFESSOR AT THE UNIVERSITY OF BOLOGNA, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT ITS OFFICES, 2 PLACE DE METZ, DEFENDANT,
Subject of the case
APPLICATION FOR PECUNIARY REPARATION FOR AN INJURY ALLEGEDLY CAUSED BY A WRONGFUL ACT OR OMISSION ON THE PART OF THE COMMUNITY;
Grounds
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I - ON THE SCOPE OF THE CONCLUSIONS
THE QUESTION MUST FIRST BE SETTLED WHETHER THE CONCLUSIONS IN THE PRESENT APPLICATION REFER TO ALL THE ACTS OF FRAUD AND OTHER IRREGULARITIES COMMITTED IN CONNEXION WITH THE EQUALIZATION OF FERROUS SCRAP FROM 1954 TO 1957, OR ONLY TO THE ACTS OF FRAUD RELATING TO THE FALSE CERTIFICATES ISSUED BY MR VAN DER GRIFT, HEAD OF THE IRON AND STEEL DEPARTMENT OF THE MINISTRY FOR ECONOMIC AFFAIRS OF THE NETHERLANDS ( WHICH ACTS OF FRAUD ARE HEREINAFTER REFERRED TO AS 'THE VAN DER GRIFT AFFAIR ').
IN ITS APPLICATION THE APPLICANT CLAIMS IN PARTICULAR THAT THE COURT SHOULD :
'DECLARE THAT THE HIGH AUTHORITY OF THE ECSC IS LIABLE FOR HAVING FAILED TO AVOID THE SITUATION WHEREBY, DURING THE PERIOD FROM 1954 TO 1957, CONSIDERABLE QUANTITIES OF FERROUS SCRAP WERE SOLD, SUPPORTED BY FRAUDULENT CERTIFICATES ISSUED BY THE HEAD OF THE IRON AND STEEL DEPARTMENT OF THE DUTCH MINISTRY FOR ECONOMIC AFFAIRS, TO THE EFFECT THAT THESE QUANTITIES ORIGINATED FROM SHIP-BREAKERS' YARDS '.
THESE CONCLUSIONS DO NOT CONTAIN THE SLIGHTEST ALLUSION TO FACTS OTHER THAN THOSE RELATING TO THE VAN DER GRIFT AFFAIR .
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AT THE HEARING COUNSEL FOR THE APPLICANTS, WHILST ASSERTING THAT THE CONCLUSIONS OF THE PARTIES HAD ALWAYS RELATED TO ALL ACTS OF FRAUD, REFRAINED FROM FORMALLY AMENDING OR CLARIFYING THOSE CONCLUSIONS .
HOWEVER, SUCH AN ASSERTION BESIDES BEING PATENTLY INCORRECT AS HAS JUST BEEN SHOWN, CANNOT BE HELD IN ANY WAY TO TAKE THE PLACE OF AN AMENDMENT OF THE CONCLUSIONS, WHICH, EVEN IF ADMISSIBLE, IS SUBJECT TO THE STRICTEST REQUIREMENTS AS REGARDS ITS PRECISION AND CONTENT .
IT FOLLOWS FROM THE FOREGOING THAT IN THIS CASE ONLY CONCLUSIONS RELATING TO THE VAN DER GRIFT AFFAIR ARE PRESENTED TO THE COURT .
II - ON THE SUBSTANCE OF THE CASE
1 . LIABILITY OF THE HIGH AUTHORITY ON THE BASIS OF A GUARANTEE GIVEN BY IT
THE APPLICANT INFERS THE LIABILITY OF THE DEFENDANT FROM THE FACT THAT THE LATTER, IN ITS DECISIONS ESTABLISHING THE EQUALIZATION SCHEME, FORMALLY UNDERTOOK TO ENSURE A FAULTLESS SERVICE; THIS COMMITMENT EXTENDED ALSO TO IRON AND STEEL UNDERTAKINGS OF THE COMMUNITY . THIS EMERGES FROM THE EIGHTH RECITAL OF THE PREAMBLE TO DECISION 14/55 IN WHICH THE HIGH AUTHORITY DECLARED THAT IT 'IS RESPONSIBLE FOR THE REGULAR FUNCTIONING OF THE FINANCIAL ARRANGEMENTS AND HENCE MUST ALWAYS BE IN A POSITION TO INTERVENE EFFECTIVELY '.
THE ESTABLISHMENT OF THE FINANCIAL ARRANGEMENTS AND THE PRINCIPLE ENUNCIATED IN THE RECITAL TO THE