1 . REFUSAL TO AUTHORIZE THE CRITERION OF 60 000 METRIC TONS THE REASONS WHICH LED THE HIGH AUTHORITY TO REFUSE AUTHORIZATION OF THIS CRITERION ARE SET OUT, GENERALLY, IN THE THIRD, FOURTH, SEVENTH AND EIGHTH RECITALS AND, MORE EXPLICITLY, IN THE NINTH RECITAL IN PART II OF THE STATEMENT OF REASONS . P . 440 IT IS EVIDENT THAT THE COMBINED EFFECT OF THE CRITERION OF 60 000 METRIC TONS APPEARING IN EACH OF THE THREE AGREEMENTS IN QUESTION WOULD IN PRACTICE LEAD TO A LARGE EXTENT TO " TAKING INTO ACCOUNT THE QUANTITIES BOUGHT FROM THE OTHER TWO JOINT SELLING AGENCIES IN EACH CASE " ( JUDGMENT IN CASE 2/56, GEITLING V HIGH AUTHORITY, REC . 1957, P . 43 ). THE SAID CRITERION THEREFORE TENDS TO PREVENT, RESTRICT OR DISTORT COMPETITION BETWEEN THE JOINT SELLING AGENCIES, AND THIS RENDERS IT MORE RESTRICTIVE THAN IS NECESSARY AND PERMISSIBLE FOR THE PURPOSE OF A SCHEME BASED ON THE NEUTRAL INDEPENDENCE OF THE THREE AGENCIES . THE AGENCIES COMPLAIN THAT THE HIGH AUTHORITY HAS OMITTED TO STATE THE REASONS FOR WHICH IT DID NOT EVEN CONSIDER REDUCING THIS CRITERION . ALTHOUGH IT IS TRUE THAT THE DECISION DOES NOT STATE EXPLICIT REASONS ON THIS POINT, IT APPEARS FROM THE CONTEXT OF THE DECISION THAT IN THE OPINION OF THE HIGH AUTHORITY THE OTHER TWO CRITERIA SUFFICE TO ENSURE AN APPRECIABLE IMPROVEMENT IN DISTRIBUTION, SUCH THAT THE POINT OF BALANCE BETWEEN THE FAVOURABLE AND UNFAVOURABLE EFFECTS OF THE AGREEMENT IS BEST OBTAINED BY ABOLISHING THE CRITERION OF 60 000 METRIC TONS AND BY MAINTAINING, IN PRINCIPLE, THE OTHER TWO CRITERIA . FOR THESE REASONS THE COMPLAINT IS UNFOUNDED .
2 . THE COMPLAINT AS TO MISUSE OF POWERS THE AGENCIES ALLEGE IN THE ALTERNATIVE THAT THERE HAS BEEN A MISUSE OF POWERS BY REASON OF THE REFUSAL OF THE HIGH AUTHORITY TO AUTHORIZE THE QUANTITATIVE CRITERIA IN FORCE PRIOR TO THE CONTESTED DECISION . IT IS ASSERTED THAT THE HIGH AUTHORITY HAS USED THE POWERS OF AUTHORIZATION CONFERRED UPON IT IN ORDER TO ATTEMPT TO IMPOSE A NEW SET OF COMMERCIAL RULES ABSOLUTELY DIFFERENT FROM THE FORMER RULES . IT HAS THUS USED ITS POWERS FOR THE ILLICIT PURPOSE OF IMPLEMENTING A POLICY OF AID TO THE MIDDLE CLASSES, AND THIS IS CONTRARY TO ARTICLE 65, FOR THAT ARTICLE CANNOT CONSTITUTE A BASIS FOR AN ECONOMIC OR SOCIAL POLICY . THE DEFENDANT DENIES THOSE ALLEGATIONS . IT ARGUES THAT IN LOWERING THE LEVEL OF THE QUANTITATIVE CRITERIA IT HAS PURSUED ONE PURPOSE ONLY, NAMELY CONFORMITY WITH ARTICLE 65 OF THE TREATY . THE ALLEGATION OF THE AGENCIES CANNOT BE ENTERTAINED . THEY DO NOT PRODUCE PROOF THAT THE NEW COMMERCIAL RULES HAVE BEEN IMPOSED BY THE HIGH AUTHORITY FOR A PURPOSE OTHER THAN THAT IN RESPECT OF WHICH POWERS OF AUTHORIZATION HAVE BEEN CONFERRED UPON IT BY ARTICLE 65 OF THE TREATY . NOTHING PROVES, ESTABLISHES OR EVEN SUGGESTS AS AGAINST THE HIGH AUTHORITY THAT IT PURSUED A POLICY OF AID TO THE MIDDLE CLASSES . NO ACT IS ADVANCED IN THAT REGARD BY THE AGENCIES WHICH GIVES A SHADOW OF TRUTH TO THEIR ASSERTION . THE FACT ITSELF THAT A RATHER SMALL NUMBER OF TRADERS OF AVERAGE SIZE CAN HAVE ACCESS TO THE SOURCES OF PRODUCTION AND ARE NOT EXCLUDED FROM DIRECT SUPPLIES CANNOT OF ITSELF BE EVIDENCE OF A POLICY OF AID TO THE MIDDLE CLASSES . MOREOVER, SUCH A POLICY COULD ONLY BE PRESUMED FROM A SUFFICIENTLY SPECIFIC SET OF CONDITIONS AND CIRCUMSTANCES WHICH ARE LACKING IN THE PRESENT CASE . THEREFORE THIS SUBMISSION IS UNFOUNDED .