1 . THE STATEMENT OF REASONS FOR THE DECISION FIXING THE TONNAGE OF ASSESSABLE SCRAP THE APPLICANT MAINTAINS THAT THE REASONS GIVEN FOR THE CONTESTED DECISION ARE INADEQUATE, INCONSISTENT AND IRRELEVANT . IN PARTICULAR, IT POINTS OUT THE LARGE DISCREPANCY BETWEEN CERTAIN PRELIMINARY ASSESSMENTS OF THE CASE AND THE FINAL DECISION . IT ALSO ACCUSES THE HIGH AUTHORITY OF FAILING TO NOTIFY IT OF THE RESULTS OF CERTAIN CHECKS WHICH WERE CARRIED OUT, AND OF NOT HAVING EXPRESSLY MADE KNOWN ITS ATTITUDE TO ALL THE OBJECTIONS RAISED BY THE APPLICANT WHILE THE CHECKS WERE BEING CARRIED OUT . THE APPLICANT CLAIMS THAT THIS CONSTITUTES DISCRIMINATORY TREATMENT, IN VIEW OF THE HIGH AUTHORITY'S PRACTICE IN RELATION TO OTHER UNDERTAKINGS . P . 31 ( A ) THE STATEMENT OF REASONS FOR A DECISION IS SUFFICIENT WHERE ON THE ONE HAND IT ENABLES THOSE CONCERNED TO KNOW THE ESSENTIAL CONSIDERATIONS OF FACT AND OF LAW UPON WHICH THE HIGH AUTHORITY RELIES, AND ON THE OTHER HAND ENABLES THE COURT TO EXERCISE THE JUDICIAL REVIEW ENTRUSTED TO IT BY THE TREATY . THE HIGH AUTHORITY HAS GIVEN A CLEAR AND CONSISTENT STATEMENT OF THE REASONS FOR ITS DECISIONS AS REGARDS THE RECOURSE TO AN ESTIMATED ASSESSMENT, THE PROCEDURE FOLLOWED AND THE FACTS TAKEN INTO CONSIDERATION IN APPLYING THIS PROCEDURE . THESE ELEMENTS ARE SUFFICIENT TO ENABLE THE APPLICANT TO UNDERSTAND THE SCOPE OF THE DECISION CONCERNING IT AND TO DEFEND ITS INTERESTS, AS WELL AS TO ENABLE THE COURT TO EXERCISE ITS REVIEW . ( B ) THE DISCREPANCY FOUND BETWEEN THE PROVISIONAL INFORMATION COMMUNICATED TO THE APPLICANT DURING THE PRELIMINARY PROCEDURE AND THE DECISION OF 7 DECEMBER 1966 DOES NOT AFFECT THE VALIDITY OF THE DECISION, WHICH IS JUSTIFIED IN ITSELF . THE APPLICANT CANNOT PLEAD TO ITS ADVANTAGE DISCREPANCIES WHICH ARE DUE MAINLY TO THE DEFICIENCIES AND UNCERTAINTIES PRESENT IN THE INFORMATION WHICH IT SUPPLIED . THE HIGH AUTHORITY WAS UNDER NO OBLIGATION TO COMMUNICATE TO THE APPLICANT ALL THE DETAILS OF ITS PRELIMINARY INVESTIGATIONS; ITS ONLY DUTY, UNDER THE TREATY, IS TO PROVIDE A FULL STATEMENT OF THE REASONS FOR ITS DECISION . AS FOR THE OBJECTIONS TO THE RESULTS OF THE CHECKS CARRIED OUT BY THE HIGH AUTHORITY, THE REASONS GIVEN IN THE DISPUTED DECISION ARE SUFFICIENTLY EXPLICIT TO ENABLE THE APPLICANT TO KNOW THE EXTENT TO WHICH ITS OBSERVATIONS WERE TAKEN INTO ACCOUNT . THE HIGH AUTHORITY, FOR ITS PART, WAS NOT BOUND TO MAKE KNOWN ITS VIEWS ON WHOLLY IRRELEVANT OBJECTIONS CONCERNING THE METHOD OF ASSESSMENT USED . THIS IS THE CASE IN PARTICULAR WITH REGARD TO THE OBJECTIONS BASED ON THE OPERATION OF THE CASTINGS FOUNDRY . THE CONDUCT OF THE HIGH AUTHORITY WAS JUSTIFIED BY THE CIRCUMSTANCES CREATED BY THE APPLICANT ITSELF, FOR ANY OTHER TREATMENT MIGHT HAVE GIVEN RISE TO DISCRIMINATION AGAINST THE UNDERTAKINGS WHICH SUPPLIED ACCURATE DECLARATIONS OF THEIR SCRAP CONSUMPTION, THUS ACCEPTING THE FULL BURDEN OF THEIR CONTRIBUTIONS TO THE EQUALIZATION SCHEME ESTABLISHED BY THE HIGH AUTHORITY . ACCORDINGLY THE SUBMISSION OF INSUFFICIENT, INCONSISTENT AND IRRELEVANT REASONS CANNOT BE UPHELD .
2 . THE METHOD OF ASSESSMENT USED BY THE HIGH AUTHORITY ( A ) THE APPLICANT SUBMITS THAT, ACCORDING TO GENERAL DECISIONS NOS 13/58 AND 16/58, RECOURSE TO THE PROCEDURE OF ESTIMATED ASSESSMENTS FOR THE PURPOSE OF DETERMINING THE CONSUMPTION OF SCRAP SUBJECT TO CONTRIBUTION IS ONLY PERMITTED WHERE NO DECLARATIONS HAVE BEEN SUBMITTED BY THE UNDERTAKING, SO THAT THE HIGH AUTHORITY FAILED TO TAKE INTO ACCOUNT CERTAIN CRITERIA OF ASSESSMENT, RELATING IN PARTICULAR TO THE COMPANY'S CASTING FOUNDRY, THEREBY DISCRIMINATING AGAINST THE APPLICANT . P . 32 ACCORDING TO ARTICLE 2 OF DECISION NO 13/58 OF 24 JULY 1958 AND ARTICLE 15 OF DECISION NO 16/58 OF THE SAME DATE, AS EXTENDED BY DECISION NO 18/58 OF 15 OCTOBER 1958, THE HIGH AUTHORITY IS ENTITLED, SHOULD UNDERTAKINGS FAIL TO DECLARE THE FACTORS FOR CALCULATING THE EQUALIZATION CONTRIBUTIONS, TO ESTIMATE THESE ON ITS OWN AUTHORITY . THE SAME PROVISIONS ALLOW THE HIGH AUTHORITY TO CORRECT ON ITS OWN AUTHORITY DECLARATIONS IN SUPPORT OF WHICH NO VALID PROOF CAN BE SUPPLIED . THESE PROVISIONS ARE DESIGNED TO ENABLE THE HIGH AUTHORITY, EITHER IN THE ABSENCE OF ANY DECLARATION OR WHERE A DECLARATION IS INCOMPLETE OR INSUFFICIENTLY PROVEN TO MAKE GOOD BY ANY SUITABLE MEANS THE LACK OF A DECLARATION OR TO REMEDY THE OMISSIONS OR INACCURACIES IN DECLARATIONS SUPPLIED BY UNDERTAKINGS . THE POWERS CONFERRED ON THE HIGH AUTHORITY TO CORRECT DECLARATIONS ARE NOT DISTINCT FROM THOSE WHICH IT MAY EXERCISE IN THE TOTAL ABSENCE OF A DECLARATION . IN THE COURSE OF THE SUCCESSIVE CHECKS WHICH THE HIGH AUTHORITY CAUSED TO BE CARRIED OUT IT WAS ESTABLISHED THAT THE APPLICANT WAS UNABLE TO PRODUCE THE ACCOUNTING AND OTHER DOCUMENTS ON THE BASIS OF WHICH IT WOULD NORMALLY HAVE BEEN POSSIBLE TO DETERMINE OR TO VERIFY THE CONSUMPTION OF ASSESSABLE SCRAP . THE HIGH AUTHORITY WAS THEREFORE ENTITLED TO HAVE RECOURSE TO THE PROCEDURE OF MAKING AN ESTIMATED ASSESSMENT . THE METHOD OF ASSESSMENT USED IN THIS CASE - BASED ON AN ESTIMATE OF THE CAPACITY AND OPERATING TIMES OF THE FURNACES FOR THE PURPOSE OF CALCULATING THE UNDERTAKINGS AGGREGATE PRODUCTION OF STEEL AND OF THUS ESTABLISHING, AFTER SUBTRACTING THE CONSUMPTION OF THE CASTING FOUNDRY, THE PRODUCTION OF STEEL FOR INGOTS - WAS WELL ADAPTED TO GIVE A REASONABLE ASSESSMENT OF THE CONSUMPTION OF SCRAP SUBJECT TO CONTRIBUTION . MOREOVER, THE RESULT REACHED BY THE METHOD USED BY THE HIGH AUTHORITY COINCIDES LARGELY WITH THE INFORMATION SUPPLIED BY THE APPLICANT IN THE PRELIMINARY STAGES OF THE PROCEDURE . THE POSSIBILITY OF A DISCREPANCY BETWEEN THE RESULT ARRIVED AT BY SUCH A METHOD AND THE ACTUAL CONSUMPTION IS A RISK WHICH MUST BE BORNE BY THE APPLICANT, WHOSE CONDUCT IT WAS THAT INDUCED THE HIGH AUTHORITY TO HAVE RECOURSE TO THE ASSESSMENT PROCEDURE . AS REGARDS IN PARTICULAR THE COMPLAINT OF DISCRIMINATION, THE HIGH AUTHORITY ONLY NEEDED TO ASSESS THE PRODUCTION OF THE FOUNDRY TO THE EXTENT REQUIRED IN ORDER TO ESTABLISH THE STEEL TONNAGES CORRESPONDING TO THE CONSUMPTION OF SCRAP EXEMPT FROM CONTRIBUTION . SINCE THESE TONNAGES WERE DETERMINED ON THE BASIS OF THE DECLARATIONS SUBMITTED BY THE UNDERTAKING TO THE HIGH AUTHORITY, THERE WAS NO NEED TO MAKE ANY FURTHER ASSESSMENT OF THE FOUNDRY'S OPERATION . THE COMPLAINT OF DISCRIMINATION IS THEREFORE WHOLLY UNJUSTIFIED . P . 33 ( B ) ALL THE FUNDAMENTAL DATA ON WHICH, AS A RESULT OF THE PROCEDURE ADOPTED FOR MAKING AN ESTIMATED ASSESSMENT, THE HIGH AUTHORITY'S DECISION IS BASED, ARISE FROM THE DATA SUPPLIED BY THE APPLICANT WHILE THE INSPECTIONS WERE BEING CARRIED OUT, AS IS EXPRESSLY STATED IN THE STATEMENT OF REASONS ITSELF AND, MORE PARTICULARLY, FROM ITS OBSERVATIONS ON THE INVESTIGATION CONDUCTED ON BEHALF OF THE HIGH AUTHORITY BY THE ENGINEER MR STUDER . THESE PARTICULARS DISCLOSED THE INACCURACY OF THE FIRST DECLARATIONS MADE BY THE UNDERTAKING WITH REGARD TO SCRAP BOUGHT . IN MAKING USE OF THE PARTICULARS THUS SUPPLIED BY THE APPLICANT, THE HIGH AUTHORITY ALSO TOOK INTO ACCOUNT VARIOUS FACTORS CAPABLE OF IMPROVING THE UNDERTAKING'S LIABILITY TO PAY CONTRIBUTIONS, EVEN TO THE EXTENT OF INCLUDING TONNAGES OF EXEMPT SCRAP CORRESPONDING TO SALES OF CASTINGS FOR WHICH NO INVOICES WERE ISSUED . THE APPLICANT HAS BROUGHT NO EVIDENCE CAPABLE OF INVALIDATING THE INFORMATION SUPPLIED BY ITSELF TO THE HIGH AUTHORITY WHILE THE CHECKS WERE BEING CARRIED OUT, OR OF CASTING DOUBT ON THE APPROPRIATENESS OF THE TECHNICAL NORMS ADOPTED BY THE HIGH AUTHORITY . IN PARTICULAR, THE EXPLANATIONS WHICH IT HAS GIVEN CONCERNING THE RUNNING OF ITS CASTINGS FOUNDRY WERE NOT CAPABLE OF CALLING INTO QUESTION AGAIN THE DECLARATIONS OF THE PRODUCTION OF CRUDE STEEL FOR CASTINGS PREVIOUSLY SUBMITTED BY IT TO THE HIGH AUTHORITY . THE ONLY EXCEPTION TO THIS IS THE DATA SUPPLIED SUBSEQUENTLY CONCERNING SALES OF STEEL CASTINGS FOR WHICH NO INVOICES WERE ISSUED . THE CRITICISMS LEVELLED AT THE METHOD OF ESTIMATED ASSESSMENT ADOPTED IN THIS CASE BY THE HIGH AUTHORITY THEREFORE CANNOT BE ACCEPTED .