1 . CORRECTNESS OF THE PROCEDURE BY LETTER OF 9 MARCH 1959, THE APPLICANT RAISED WITH THE HIGH AUTHORITY UNDER ARTICLE 35 OF THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY THE NEED FOR IT TO RECORD BY A DECISION THAT, IN FINANCING THE MINER'S BONUS OUT OF PUBLIC FUNDS, THE FEDERAL REPUBLIC OF GERMANY HAD FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY . BY LETTER DATED 30 APRIL 1959 BUT POSTMARKED 8 MAY 1959, THE HIGH AUTHORITY INFORMED THE APPLICANT THAT IT COULD NOT SEE ITS WAY TO ACCEDING TO ITS REQUEST . THE COMMUNICATION NOTIFIES THE APPLICANT OF THE HIGH AUTHORITY'S DECISION NOT TO TAKE THE DECISION REQUESTED OF IT . APPLICATION N . 30/59 SEEKS THE ANNULMENT OF THIS DECISION OF REJECTION, AND, ACCORDINGLY, CONSTITUTES AN ACTION TO HAVE A DECISION DECLARED VOID UNDER ARTICLE 33 OF THE TREATY . SINCE THE APPLICATION WAS ENTERED AT THE COURT REGISTRY ON 5 JUNE 1959, THE TIME-LIMIT OF ONE MONTH CONTAINED IN THE LAST PARAGRAPH OF ARTICLE 33 HAS BEEN COMPLIED WITH WHEN ACCOUNT IS TAKEN OF THE DATE OF DESPATCH OF THE HIGH AUTHORITY'S REPLY AS SHOWN BY THE POSTMARK .
2 . DOES THE COUNTERVAILING EFFECT OF THE ABOLITION, WITH EFFECT FROM 1 APRIL 1958, OF THE ASSUMPTION BY THE FEDERAL GOVERNMENT OF RESPONSIBILITY FOR A PROPORTION OF THE EMPLOYERS' CONTRIBUTION TO THE MINERS' PENSION INSURANCE TAKE AWAY FROM THE SHIFT BONUS ITS CHARACTER OF A SUBSIDY OR AID PROHIBITED UNDER ARTICLE 4 ( C ) OF THE TREATY? THE GOVERNMENT OF THE FEDERAL REPUBLIC REVOKED, WITH EFFECT FROM 1 APRIL 1958, ITS DECISION OF FEBRUARY 1956 TO ASSUME RESPONSIBILITY FOR A PROPORTION, AMOUNTING TO 6.5% OF TOTAL PAY, OF THE EMPLOYERS' CONTRIBUTION TO MINERS' PENSION INSURANCE . P . 31 IN ITS STATEMENT OF DEFENCE, THE DEFENDANT DECLARES THAT, ALTHOUGH A PAYMENT CONSIDERED IN ISOLATION MAY APPEAR TO BE A PROHIBITED SUBSIDY BECAUSE IT 'REDUCES PRODUCTION COSTS AND AFFECTS THE NATURAL CONDITIONS OF COMPETITION', THE ELIMINATION OF THESE EFFECTS SUFFICES 'FOR THERE TO BE NO LONGER ANY BREACH OF THE TREATY '. IN THESE CIRCUMSTANCES 'THERE WOULD REALLY BE NO LONGER ANY QUESTION OF A SUBSIDY WHICH IS PROHIBITED UNDER THE TREATY IN THE INTERESTS OF FAIR COMPETITION '. WHILE MAINTAINING THAT 'THE GRANT OF THE MINERS' BONUS DOES NOT CONFLICT WITH ARTICLE 4 ( C ) OF THE TREATY' THE GOVERNMENT OF THE FEDERAL REPUBLIC CONTENDS THAT THERE CAN NO LONGER BE ANY CONFLICT BECAUSE 'WITH EFFECT FROM 1 APRIL 1958, THE FEDERAL REPUBLIC STOPPED PAYING 6.5% OF THE WAGE BILL AS PART PAYMENT OF THE EMPLOYERS' CONTRIBUTIONS TO MINERS' PENSION INSURANCE, WHICH IT HAD MADE ON BEHALF OF THE COAL-MINING UNDERTAKINGS SINCE 15 FEBRUARY 1956 '. THE DEFENDANT AND THE INTERVENER STATE THAT THE ADDITIONAL PAYMENT THEREBY IMPOSED ON MINING UNDERTAKINGS IS EQUAL TO OR GREATER THAN THE AMOUNT OF THE MINER'S BONUS . THESE TWO STATEMENTS MAKE IT NECESSARY TO DECIDE WHETHER THE FACT THAT THE FEDERAL GOVERNMENT STOPPED PAYING A CONTRIBUTION OF 6.5% OF THE TOTAL WAGE BILL INTO THE MINERS' PENSION FUND IS SUCH AS TO TAKE AWAY FROM THE SHIFT BONUS ITS CHARACTER AS A SUBSIDY OR AID PROHIBITED UNDER ARTICLE 4 ( C ) OF THE TREATY . THE REPAYMENT BY THE COAL PRODUCER TO THE FEDERAL GOVERNMENT OF THE EXACT AMOUNT PAID TO THE MINERS IN THE FORM OF A SHIFT BONUS AND OF THE TAX PAYABLE ON THAT AMOUNT UNDER FISCAL LAW RESULTED IN ELIMINATING, AS FAR AS THE COAL PRODUCERS WERE CONCERNED, ALL ECONOMIC EFFECTS OF THE SHIFT BONUS WITHOUT, HOWEVER, DEPRIVING THEM OF THE PSYCHOLOGICAL BENEFITS WHICH THE FEDERAL GOVERNMENT DECLARES THAT IT WAS SEEKING BY THE ESTABLISHMENT OF THE SAID BONUS . THE QUESTION ARISES WHETHER SUCH A REPAYMENT CHANGES THE CHARACTER OF THE SHIFT BONUS AS A SUBSIDY PROHIBITED UNDER ARTICLE 4 ( C ) OF THE TREATY . HOWEVER, IT IS NOT NECESSARY IN THIS CASE TO FIND AN ANSWER TO THIS QUESTION BECAUSE THE COMPENSATION PROCEDURE, PERMITTED BY THE DEFENDANT AND RELIED UPON BY THE INTERVENER, DOES NOT IN ANY RESPECT CONSTITUTE A REPAYMENT WHICH IS AT ALL TIMES EQUIVALENT TO THE AMOUNT OF EXPENDITURE TO BE REIMBURSED . IF THE FEDERAL GOVERNMENT HAD WISHED, WITH ABSOLUTE PRECISION, TO ELIMINATE THE ECONOMIC EFFECTS OF THE SHIFT BONUS, IT IS NOT CLEAR WHY COAL-MINING UNDERTAKINGS WERE NOT CALLED UPON TO MAKE SUCH REPAYMENTS . BECAUSE OF THE COMPLICATED NATURE OF THE ASSISTANCE GIVEN BY THE FEDERAL GOVERNMENT DURING THE MATERIAL PERIOD IN CONNECTION WITH THE COSTS AND CHARGES OF MINERS' PENSION INSURANCE, THE PROCEDURE FOLLOWED ESTABLISHES ONLY A VAGUE AND UNCONVINCING CONNECTION BETWEEN THE SUBSIDY AND THE INCREASE IN EXPENDITURE INTENDED TO COMPENSATE FOR IT . P.32 SINCE THE ABOLITION AND PROHIBITION CONTAINED IN ARTICLE 4 ( C ) ARE GENERAL AND ABSOLUTE IN CHARACTER, THEY CANNOT IN ANY CASE BE ANNULLED BY APPLICATION OF A VAGUE AND ILL-DEFINED PROCEDURE FOR COMPENSATION . FOR THESE REASONS, THE ABOLITION, WITH EFFECT FROM 1 APRIL 1958, OF THE ASSUMPTION BY THE FEDERAL GOVERNMENT OF RESPONSIBILITY FOR PAYING A CONTRIBUTION AMOUNTING TO 6.5% OF THE TOTAL WAGE BILL TO THE MINERS' PENSION FUND DOES NOT TAKE AWAY FROM THE SHIFT BONUS ITS CHARACTER OF A SUBSIDY OR AID PROHIBITED UNDER ARTICLE 4 ( C ) OF THE TREATY . II - MISUSE OF POWERS IN SUPPORT OF ITS APPLICATION FOR ANNULMENT OF THE REJECTION OF ITS REQUEST, THE APPLICANT RELIES ON THE SUBMISSION OF MISUSE OF POWERS . AS THE FINDING THAT THE SHIFT BONUS IS A SUBSIDY PROHIBITED UNDER ARTICLE 4 ( C ) OF THE TREATY IS SUFFICIENT TO ENTAIL ANNULMENT OF THE CONTESTED DECISION, A DECISION IS NOT NECESSARY ON THIS SUBMISSION . FOR ALL THE OTHER REASONS SET OUT ABOVE, THE DECISION OF REJECTION, SET OUT IN THE LETTER FROM THE HIGH AUTHORITY TO THE APPLICANT DATED 30 APRIL 1959, MUST BE DECLARED TO BE VOID .