AVAILABLE TO THE PUBLIC ADEQUATELY MEET THE NEEDS OF THE PUBLIC INTEREST .
THE TEXT OF DECISION NO 31/53 WAS DRAFTED WITH EXTREME CARE; ARTICLE 1 STATES THAT UNDERTAKINGS IN THE STEEL INDUSTRIES MUST PUBLISH THEIR PRICE-LISTS AND CONDITIONS OF SALE, AND ANY SUBSEQUENT AMENDMENTS MUST ALSO BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DECISION; ARTICLE 2 THEN STATES WITH GREAT PRECISION WHAT INFORMATION THE PRICE-LISTS MUST CONTAIN, PUTTING A REASONABLE INTERPRETATION ON THE WORDS " EXTENT " AND " MANNER " WHICH APPEAR IN THE TREATY; ARTICLE 4 PROVIDES THAT PRICE-LISTS ARE TO APPLY NOT EARLIER THAN FIVE CLEAR DAYS AFTER THEY HAVE BEEN ADDRESSED TO THE HIGH AUTHORITY AND THAT THE SELLER MUST COMMUNICATE THEM UPON REQUEST TO ANYONE INTERESTED .
ON THE OTHER HAND, WHAT IS LAID DOWN IN ARTICLE 1 OF DECISION NO 2/54 IS NOT THE EXTENT TO WHICH THE PRICE-LISTS MUST BE MADE PUBLIC BY UNDERTAKINGS, BUT RATHER THE EXTENT TO WHICH THE HIGH AUTHORITY AUTHORIZES THE NON-OBSERVANCE OF THE PUBLISHED PRICE-LISTS . THIS IS CONTRARY TO ARTICLE 60 ( 2 ) OF THE TREATY . IT IS TO BE ADDED THAT THE INTERPRETATION ADOPTED BY THE COURT IS SUPPORTED BY THE FACT THAT THE HIGH AUTHORITY MAY DETERMINE THE EXTENT OF PUBLICATION AFTER MERELY CONSULTING THE CONSULTATIVE COMMITTEE WHEREAS, BEFORE DEFINING PROHIBITED PRACTICES, IT MUST ALSO CONSULT THE COUNCIL OF MINISTERS . THIS IS UNDERSTANDABLE IF THE HIGH AUTHORITY WHEN DETERMINING THE EXTENT OF PUBLICATION MUST STRICTLY ADHERE TO THE RULE THAT THE EXACT PRICES AND CONDITIONS OF SALE MUST BE PUBLISHED . HAD THE TREATY WISHED TO GIVE THE HIGH AUTHORITY GREATER FREEDOM AND THE RIGHT TO DEROGATE FROM THIS RULE, IT WOULD HAVE BEEN LOGICAL FOR SUCH POWERS ALSO TO BE SUBJECT TO CONSULTATION WITH THE COUNCIL .
( 5 ) IT NOW REMAINS TO CONSIDER WHETHER THE CONCLUSION TO WHICH THE COURT HAS COME AS A RESULT OF ITS EXAMINATION OF THE WORDS USED AND THE REASONS UNDERLYING THEM IS CONTRARY TO THE TREATY'S OTHER OBJECTIVES, OR WHETHER IT MAY BE INVALIDATED BY OTHER CONSIDERATIONS . THIS IS NOT THE CASE . IT MUST FIRST BE REPEATED, THAT THE METHOD OF PRIOR PUBLICATION OF THE EXACT PRICES IS THE MANDATORY RULE LAID DOWN BY ARTICLE 60 ( 2 ). IT FOLLOWS THAT THIS RULE CANNOT BE DISREGARDED, EVEN IF THIS WOULD FACILITATE SOME OTHER METHOD WHICH MIGHT BETTER ATTAIN THE AIMS IN VIEW . IT IS NOT FOR THE COURT TO EXPRESS A VIEW AS TO THE DESIRABILITY OF THE METHODS LAID DOWN BY THE TREATY, OR TO SUGGEST A REVISION OF THE TREATY, BUT IT IS BOUND, IN ACCORDANCE WITH ARTICLE 31, TO ENSURE THAT THE INTERPRETATION AND APPLICATION OF THE TREATY AS IT STANDS THE LAW IS OBSERVED .
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( A ) THE OBJECTION THAT PURCHASERS CANNOT CHECK ON PRICES WHEN THESE ARE COMING DOWN IS IRRELEVANT, AS THIS IS NOT THE SOLE OBJECT OF PUBLICATION, WHICH IS ALSO INTENDED TO ENABLE PURCHASERS