THE PURPOSES WHICH IT IS TO SERVE MAKES IT IMPOSSIBLE TO ACCEPT THE HIGH AUTHORITY'S ARGUMENT THAT IT HAS POWER TO LAY DOWN WHAT SHALL AND WHAT SHALL NOT BE PUBLISHED, ACCORDING TO ITS OWN UNFETTERED JUDGMENT . IF THIS ARGUMENT, WHICH THE COURT REJECTS, WERE ACCEPTED THERE WOULD BE NO LIMIT TO THE INFORMATION WHICH MIGHT BE EXEMPTED FROM THE DUTY OF PUBLICATION . THE HIGH AUTHORITY WOULD THEN BE ABLE TO LAY DOWN FAR WIDER MARGINS, AND IT IS IMPOSSIBLE TO SAY WHERE THIS WOULD END; IT MIGHT LAY DOWN MERE PUBLICATION IN SCALES ( FOR EXAMPLE " PRICE 80 TO 120 " ) OR EVEN THE NON-PUBLICATION OF PRICES OF WHOLE CATEGORIES OF PRODUCTS - IN SHORT, IT MIGHT DISCARD THE PRINCIPLE OF COMPULSORY PUBLICATION LAID DOWN IN THE TREATY .
LASTLY WHILST IT IS TRUE THAT THE HIGH AUTHORITY'S POWERS ARE TO REGULATE THE MINIMUM REQUIREMENTS WITH WHICH THE PRICE-LISTS MUST COMPLY, ITS POWERS ARE ALSO TO REGULATE THE SCOPE OF THE PUBLICATION ITSELF . IT IS THUS NOT ENOUGH TO ENSURE THAT THE PRICE-LISTS ARE TRANSMITTED TO THE HIGH AUTHORITY; IF THIS WERE THE CASE, THE TREATY WOULD MERELY HAVE SO PROVIDED . THE PRICE-LISTS MUST BE MADE PUBLIC AND THE HIGH AUTHORITY'S POWER TO PRESCRIBE " THE EXTENT AND THE MANNER " IMPLIES THAT IT HAS A DUTY TO SEE THAT THE EXTENT TO WHICH AND THE MANNER IN WHICH THE PRICE-LISTS ARE PUBLISHED AND MADE 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 .
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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