1 . THE APPLICANT SUBMITS THAT THIS DECISION IS ILLEGAL BECAUSE THE STATEMENT OF THE REASONS UPON WHICH IT IS BASED IS IN LAW INADEQUATE . IT ARGUES TO BEGIN WITH THAT ITS REASONS ARE AMBIGUOUS AND QUOTES CERTAIN PASSAGES OF THE STATEMENT OF REASONS IN ORDER TO SHOW THAT IT IS FACTUALLY INACCURATE AND CONTRADICTORY . IF HOWEVER THESE PASSAGES ARE READ IN THEIR CONTEXT THE STATEMENT OF THE REASONS UPON WHICH THE DISPUTED DECISION IS BASED APPEARS TO BE ADEQUATE . IT CLEARLY DISCLOSES THE FACTUAL AND LEGAL REASONS UPON WHICH IT IS BASED . THE APPLICANT THEN ARGUES THAT THE SAID DECISION DOES NOT STATE THE REASONS WHY THE HIGH AUTHORITY CONSIDERED THAT IT HAD TO REJECT ITS REQUEST MADE ON 18 FEBRUARY 1964 TO THE EFFECT THAT THE SURCHARGES FOR DELAY BE REMITTED . HOWEVER UNDER THE PROVISIONS OF THE FIRST PARAGRAPH OF ARTICLE 36 OF THE TREATY THE HIGH AUTHORITY IS UNDER A DUTY TO CONSIDER THE COMMENTS SUBMITTED BY THE PARTIES CONCERNED BEFORE IMPOSING A PECUNIARY SANCTION UPON THEM BUT DOES NOT HAVE TO EXPLAIN THE REASONS WHY IT HAS NOT ACTED ON THEM . IN THE PRESENT CASE THE APPLICANT WAS DULY GIVEN THE OPPORTUNITY OF SUBMITTING ITS COMMENTS BEFORE THE ISSUE OF THE CONTESTED DECISION . MOREOVER THE REASONS WHY THESE COMMENTS WERE NOT TAKEN INTO CONSIDERATION BY THE HIGH AUTHORITY ARE STATED BY IMPLICATION IN THAT PART OF THE STATEMENT OF REASONS IN WHICH IT GIVES ITS VIEWS ON THE SIMILAR COMMENTS SUBMITTED PREVIOUSLY BY THE APPLICANT ON 20 FEBRUARY 1962 . P.189 FOR ALL THESE REASONS THIS SUBMISSION IS UNFOUNDED .
2 . THE APPLICANT ALSO SUBMITS THAT DECISION NO 3/52 IS ILLEGAL IN THAT IT WAS ADOPTED WITHOUT PRIOR CONSULTATION WITH THE SPECIAL COUNCIL OF MINISTERS, AS PROVIDED BY ARTICLE 50(2 ) OF THE TREATY, WHICH ALSO APPLIES TO SURCHARGES FOR DELAY . THE PROVISIONS OF ARTICLE 50(2 ) OF THE TREATY RELATE ONLY TO THE MODE OF ASSESSMENT AND COLLECTION OF LEVIES . IF THE DRAFTSMAN HAD INTENDED TO ENLARGE THE SCOPE OF THESE PROVISIONS SO AS TO INCLUDE SURCHARGES FOR DELAY, WHICH HE DEALS WITH IN THE NEXT PARAGRAPH, HE WOULD HAVE MENTIONED THEM EXPRESSLY . AS THIS ARTICLE LAYS DOWN THE ESSENTIAL PROCEDURAL REQUIREMENTS FOR THE VALIDITY OF DECISIONS OF THE HIGH AUTHORITY IN THE MATTER OF LEVIES, ITS APPLICATION CANNOT BE EXTENDED BY WAY OF INTERPRETATION TO CASES NOT PROVIDED FOR BY THE TREATY . THEREFORE THE SUBMISSION IS UNFOUNDED . ALTERNATIVE CONCLUSIONS IN ADDITION THE APPLICANT CLAIMS ALTERNATIVELY A REASONABLE REDUCTION OF THE SURCHARGES FOR DELAY . IN SUPPORT OF THESE CONCLUSIONS IT RELIES ON A SEQUENCE OF FACTS, SUCH AS THE EXCESSIVELY HIGH LEVEL OF THE CONTESTED SURCHARGES, THE SMALL SIZE OF THE UNDERTAKING, THE PUNCTUAL PERFORMANCE OF ITS OBLIGATION TO PAY THAT PART OF THE DEBT CONSISTING OF PRINCIPAL . THE LEVEL OF THE CONTESTED SURCHARGES DOES NOT EXCEED THE MAXIMUM RATE LAID DOWN BY ARTICLE 50(3 ) OF THE TREATY . THE AGGREGATE AMOUNT OF THE SAID SURCHARGES, AS REDUCED BY THE DECISION OF 14 NOVEMBER 1962, IS NOT EXCESSIVE COMPARED WITH THE SIZE OF THE DEBT IN RESPECT OF PRINCIPAL OR DISPROPORTIONATE TO THE ECONOMIC CAPACITY OF A MEDIUM-SIZED UNDERTAKING . THE APPLICANT HAS NOT PRODUCED ANY EVIDENCE OF THE EXISTENCE OF ANY SPECIAL ECONOMIC DIFFICULTIES AFFECTING IT WHICH WOULD JUSTIFY A REDUCTION OF THE DISPUTED SURCHARGES . THERE IS THEREFORE NO REASON TO VARY THE DETERMINATION MADE BY THE DEFENDANT AS REGARDS THE AMOUNT OF THESE SURCHARGES . THE CONCLUSIONS OF THE APPLICANT MUST THEREFORE BE DISMISSED .