1 . INFRINGEMENT OF THE TREATY;
2 . INFRINGEMENT OF THE BASIC LAW OF THE FEDERAL REPUBLIC OF GERMANY AND THE CONSTITUTION OF THE LAND HESSE;
3 . MISUSE OF POWERS;
4 . INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT . E - SUBMISSION OF INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT FIRST IT MUST BE CONSIDERED WHETHER THE LAST-MENTIONED SUBMISSION IS WELL FOUNDED, SINCE IN THIS EVENT CONSIDERATION OF THE REMAINING GROUNDS IS UNNECESSARY . THE APPLICANT FIRST MADE THE SUBMISSION OF INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT BECAUSE OF INSUFFICIENT REASONS FOR THE CONTESTED DECISIONS IN ITS PLEADING OF 11 NOVEMBER 1957 . ARTICLE 22 OF THE STATUTE OF THE COURT OF JUSTICE OF THE ECSC AND ARTICLE 29 ( 3 ) OF THE RULES OF PROCEDURE PROVIDE THAT THE APPLICATION SHALL CONTAIN A BRIEF STATEMENT OF THE GROUNDS ON WHICH IT IS BASED . THESE PROVISIONS ACCORDINGLY MEAN THAT GROUNDS WHICH ARE NOT MENTIONED IN THE APPLICATION ARE INADMISSIBLE . THE COURT LIKEWISE REJECTS THE APPLICANT'S ARGUMENT THAT THE GENERAL COMPLAINT OF DISCRIMINATION, ON WHICH THE APPLICATION RESTS, INCLUDES THE SUBMISSION OF INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT . THEY HAVE NOTHING IN COMMON AND CANNOT BE COMPARED . HOWEVER, THE OBLIGATION UNDER ARTICLE 15 OF THE ECSC TREATY ON THE HIGH AUTHORITY TO STATE THE REASONS FOR ITS DECISIONS IS NOT ONLY FOR THE PROTECTION OF INTERESTED PARTIES, BUT ALSO HAS AS OBJECTIVE TO ENABLE THE COURT TO REVIEW THE DECISIONS FULLY FROM THE LEGAL POINT OF VIEW AS REQUIRED BY THE TREATY . AS A RESULT THE COURT CAN AND MUST OF ITS OWN MOTION TAKE EXCEPTION TO ANY DEFICIENCIES IN THE REASONS WHICH WOULD MAKE SUCH REVIEW MORE DIFFICULT . P . 52 THE HIGH AUTHORITY IS EMPOWERED UNDER ARTICLE 65 TO AUTHORIZE JOINT-SELLING AGREEMENTS IF IT FINDS THAT " THE AGREEMENT IN QUESTION IS ESSENTIAL IN ORDER TO ACHIEVE ( A SUBSTANTIAL IMPROVEMENT IN THE PRODUCTION OR DISTRIBUTION ) AND IS NOT MORE RESTRICTIVE THAN IS NECESSARY FOR THAT PURPOSE ". THE HIGH AUTHORITY HAS MADE THE RIGHT OF WHOLESALERS TO OBTAIN SUPPLIES DIRECT FROM THE JOINT-SELLING AGENCIES DEPENDENT ON THE FULFILMENT OF THREE QUANTITATIVE CRITERIA SET OUT IN THE SAID DECISIONS WITHOUT SPECIFYING IN WHICH WAY THE LAYING DOWN OF THESE TONNAGE LIMITS CAN CONTRIBUTE TO A SUBSTANTIAL IMPROVEMENT IN THE DISTRIBUTION OF FUEL AND WITHOUT DISCUSSING THE QUESTION WHETHER THE TONNAGE LIMITS ARE MORE RESTRICTIVE THAN IS NECESSARY FOR THE PURPOSE OF THE AGREEMENT . IN THE GROUNDS OF DECISIONS NOS 16 TO 18/57 THE HIGH AUTHORITY HAS LIMITED ITSELF, AS REGARDS THE LAYING DOWN OF QUANTITATIVE CONDITIONS FOR THE RECOGNITION OF FIRST-HAND WHOLESALERS, TO REFERRING TO THE GENERAL PRINCIPLES ALREADY STATED IN THE GROUNDS OF DECISIONS NOS 5 TO 7/56 . ALTHOUGH THERE IS A GENERAL JUSTIFICATION OF THE JOINT-SELLING OF FUEL IN THE 1956 DECISIONS, THE 29TH RECITAL IN THE PREAMBLE TO DECISION NO 5/56 ( JO, P . 34 ) OBSERVES WITH REGARD TO THE CRITERIA PROVIDED FOR IN THE GENERAL COMMERCIAL RULES FOR THE DIRECT SUPPLY OF WHOLESALERS AND THEIR NUMERICAL LIMITATION THAT THE LIMITATION ADOPTED " DOES NOT HAVE DISCRIMINATORY EFFECTS NOR DOES IT LEAD TO ... CERTAIN DEALERS OBTAINING A POSITION WHICH RESTRICTS ... COMPETITION ". THIS STATEMENT OF REASONS AND THE LACK OF ANY JUSTIFICATION FOR THE QUANTITATIVE LIMITATIONS INTRODUCED DO NOT SHOW THAT IN ADOPTING THE CONTESTED DECISIONS THE HIGH AUTHORITY HAS EXAMINED WHETHER THE SAID LIMITATIONS ARE MORE RESTRICTIVE THAN IS NECESSARY FOR A SUBSTANTIAL IMPROVEMENT IN DISTRIBUTION, WHICH IS THE OBJECTIVE OF ARTICLE 65 ( 2 ) ( B ). FROM THIS IT APPEARS THAT THE REASONS FOR DECISIONS NOS 16/57, 17/57 AND 18/57 NEITHER ON THEIR OWN NOR BY REFERENCE TO THE 1956 DECISIONS CONTAIN A SUFFICIENT AND PROPER STATEMENT OF THE FACTUAL AND LEGAL CONSIDERATIONS ON WHICH THE CONTESTED DECISIONS ARE BASED . THEY THUS DO NOT PERMIT REVIEW BY THE COURT, IN PARTICULAR AS TO WHETHER THE HIGH AUTHORITY HAS HAD FULL REGARD TO ARTICLE 65 ( 2 ). THE SAME OBSERVATIONS APPLY TO DECISION NO 19/57 WHICH IN THE RESULT MERELY IMPLEMENTS DECISIONS NOS 16/57, 17/57 AND 18/57, IN SO FAR AS IT ENABLES JOINT-BUYING OF FUEL THROUGH THE OBERRHEINISCHE KOHLENUNION ONLY BY THOSE COAL WHOLESALERS OPERATING IN SOUTHERN GERMANY WHO ARE ALLOWED TO OBTAIN DIRECT SUPPLY FROM THE JOINT-SELLING AGENCIES . P . 53 DECISIONS NOS 16/57, 17/57, 18/57 AND 19/57 ACCORDINGLY INFRINGE ARTICLE 15 OF THE ECSC TREATY SINCE INSUFFICIENT REASONS ARE EQUIVALENT TO ABSENCE OF REASONS . THE DECISIONS MUST ACCORDINGLY BE ANNULLED IN SO FAR AS THEY MAKE THE RECOGNITION OF FIRST-HAND WHOLESALERS DEPENDENT ON THEIR ACHIEVING CERTAIN MINIMUM TONNAGES .