TO BRING TO AN END DIFFERENCES EXISTING BETWEEN THE COLLIERIES, THAT DOES NOT IN ANY WAY PREVENT EQUALIZATION ALSO TAKING INDIVIDUAL DIFFERENCES INTO ACCOUNT IN THE CASE OF BELGIUM, IN SO FAR AS THE EQUALIZATION SCHEME ESTABLISHED FOR THAT COUNTRY PERMITS .
THE PRESENT COMPLAINT IS THEREFORE UNFOUNDED .
THE SECOND COMPLAINT - FIXING OF THE NEW RATES OF EQUALIZATION AT A FLAT RATE
THIS COMPLAINT ALLEGES THAT THE NEW METHOD, WHICH CONSISTS IN FIXING THE NEW RATES OF EQUALIZATION AT A FLAT RATE WITHOUT ANY INDICATION OF THE PRICE LIST " FOR ACCOUNTING PURPOSES ", IS ARBITRARY AND BASED ON REASONS WHICH ARE EXTRANEOUS TO ARTICLE 26 OF THE CONVENTION .
IT SHOULD BE OBSERVED, FIRST, THAT THE SELLING PRICE FIXED FOR EACH TYPE OF COAL TOGETHER WITH THE EQUALIZATION PAYMENTS IS EQUIVALENT TO WHAT WAS PREVIOUSLY CALLED THE PRICE " FOR ACCOUNTING PURPOSES " AND THAT THE TOTAL OF THOSE TWO ELEMENTS IS LOWER IN FOUR CASES AND HIGHER IN FIFTY-TWO CASES THAN THE PRICE " FOR ACCOUNTING PURPOSES " PREVIOUSLY IN FORCE .
BEFORE CONSIDERING WHETHER THE NEW RATES OF EQUALIZATION WHICH ARE ADDED TO THE NEW SELLING PRICES ARE ARBITRARY IN NATURE IT SHOULD BE NOTED THAT THE NATURE OF THE EQUALIZATION ARRANGEMENTS CANNOT BE ASCERTAINED IN TERMS OF THE VARIATIONS RESULTING FROM THE " PRINCIPLE OF SELECTIVITY " WHICH THE HIGH AUTHORITY WAS ENTITLED TO APPLY .
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AS REGARDS THE FIXING OF RATES OF EQUALIZATION FOR THE VARIOUS TYPES AND CATEGORIES OF COAL, THE COURT CONSIDERS THAT THE VERY NATURE OF THE EQUALIZATION SCHEME OBLIGED THE HIGH AUTHORITY TO ADJUST THE PAYMENTS TO THE NEEDS OF THE UNDERTAKINGS . IT SHOULD BE ADDED THAT THE HIGH AUTHORITY MUST TAKE PARTICULAR ACCOUNT OF THE GRADUAL DECREASE IN THE EQUALIZATION FUNDS AVAILABLE AND THE PROGRESS MADE OR CONSIDERED POSSIBLE AS REGARDS THE EFFORT TO RE-EQUIP AND REORGANIZE THE BELGIAN COLLIERIES .
IT RESULTS FROM THE FOREGOING CONSIDERATIONS THAT THE AMOUNTS OF EQUALIZATION WILL NECESSARILY VARY FROM ONE CASE TO ANOTHER, BUT THAT THE MERE EXISTENCE OF VARIATIONS IS NOT PROOF THAT THE HIGH AUTHORITY FIXED THOSE AMOUNTS ARBITRARILY AND IN A MANNER EXTRANEOUS TO THE AIM OF THE CONVENTION . THE PRESENT COMPLAINT MUST THEREFORE BE DISMISSED .
THE THIRD COMPLAINT - THE THREAT TO WITHDRAW EQUALIZATION
SINCE EQUALIZATION IS A PROTECTIVE MEASURE ENABLING BELGIAN COAL TO BE INTEGRATED INTO THE COMMON MARKET FROM THE BEGINNING OF THE TRANSITIONAL PERIOD DURING WHICH THE PROCESS OF REORGANIZATION AND RE-EQUIPMENT MUST BE IMPLEMENTED, IT IS NOT INTENDED TO MAKE ANY DIRECT AND ACTIVE CONTRIBUTION TO THAT PROCESS . IT IS CLEAR THAT EQUALIZATION IS GRANTED ON THE ASSUMPTION THAT THE REORGANIZATION AND RE-EQUIPMENT OF THE BELGIAN COLLIERIES MAY BE ACHIEVED TO A SUFFICIENT DEGREE TO ENABLE THE FINAL INTEGRATION OF BELGIAN COAL INTO THE COMMON MARKET AT THE END OF THE TRANSITIONAL PERIOD .
THE AIM OF THE EQUALIZATION SCHEME IS NOT TO FINANCE THE RE-EQUIPMENT AND REORGANIZATION OF THE COLLIERIES . FURTHERMORE, IF IT WERE