1 . THE APPLICATION HAS BEEN PROPERLY LODGED IN DUE FORM AND WITHIN THE PRESCRIBED TIME-LIMIT . ITS ADMISSIBILITY HAS NOT BEEN CONTESTED BY THE DEFENDANT IN THE WRITTEN PROCEDURE AND THE COURT HAS NO OCCASION TO RAISE ANY OBJECTION OF ITS OWN MOTION .
2 . THE HIGH AUTHORITY WAS RIGHT IN STATING THAT THE CLAUSE AT ISSUE COULD BRING ABOUT DISCRIMINATION . ( A ) DISCRIMINATION BETWEEN PRODUCERS IS CONCEIVABLE AND POSSIBLE AS THE HIGH AUTHORITY HAS RIGHTLY ASSUMED . P . 21 THE EFFECT OF THE CLAUSE AT ISSUE IS THAT THE APPLICANTS TAKE INTO ACCOUNT PURCHASES MADE BY WHOLESALERS FROM TWO OTHER GIVEN AGENCIES, WHEREAS THE SAME COMPETITION SHOULD EXIST BETWEEN THE SAID AGENCIES AND THE APPLICANTS AS EXISTS BETWEEN THE LATTER AND THE OTHER PRODUCERS OF THE COMMUNITY, WHOSE SALES THE SAID APPLICANTS DO NOT TAKE INTO ACCOUNT . THAT METHOD OF PROCEEDING CONSTITUTES INDIRECT DISCRIMINATION IN THAT IT ENCOURAGES THE PURCHASERS TOWARDS A PREFERENCE FOR OBTAINING SUPPLIES FROM THE PRODUCERS OF RUHR COAL, TO THE DETRIMENT OF THE REMAINING PRODUCERS OF THE COMMUNITY . ( B ) IN ADDITION, THE FACTS OF THE CASE SHOW THE EXISTENCE OF DISCRIMINATION BETWEEN TRADERS . ACCORDING TO THE CLAUSE, TRADERS - WHO ARE PURCHASERS WITHIN THE MEANING OF ARTICLE 4 ( B ) - ORDERING THE SAME QUANTITY, 12 500 METRIC TONS, FROM GEITLING, ARE TREATED UNEQUALLY, FOR INADEQUATE REASONS, ACCORDING TO WHETHER THEY ALSO PURCHASE 12 500 METRIC TONS FROM PRAESIDENT OR FROM MAUSEGATT . THE POSSIBILITY EXISTS OF THESE TRADERS BEING PLACED AT A DISADVANTAGE, AND THAT CONSTITUTES DISCRIMINATION . ACCORDINGLY THE SUBMISSION AS TO INFRINGEMENT OF THE PROVISIONS CONCERNING DISCRIMINATION IS UNFOUNDED . THEREFORE THE APPLICATION MUST BE REJECTED .