JUDGMENT OF 28. 6. 1955 — CASE 5/55 ASSIDER v HIGH AUTHORITY

In Case 5/55,

THE COURT composed of: Massimo Pilotti, President, L. Delvaux and A. van Kleffens (Presidents of Chambers), P.J.S. Serrarens, O. Riese, J. Rueff and Ch. L. Hammes, Judges, Advocate General: M. Lagrange Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts

Law

7. Admissibility

2. Substance

Costs

1. On 22 March 1955 the Associazone Industrie Siderurgiche Italiane (ASSIDER) lodged at the Court Registry, in the form of an application against the High Authority of the European Coal and Steel Community, an application for an interpretation of the judgment of the Court of 21 December 1954 in Case 2/54, Government of the Italian Republic v High Authority, published in the Journal Officiel of 11 January 1955, pp. 560 et seq.

2. The application is based on the following facts:

3. On 28 February 1955 the High Authority wrote to the applicant:

4. The applicant makes the following claims in the present action, namely that the Court interpret the judgment in Case 2/54 as meaning that Article 30 (2) of the Convention on the Transitional Provisions prohibits alignment by non-Italian undertakings on the Italian market; and that, on the other hand, it does not prohibit within the Italian market alignment by Italian undertakings on the prices of other non-Italian but Community undertakings.

5. The applicant gives the following grounds for its claims:

6. To these arguments the High Authority answers that the admissibility of the application may be contested on several grounds.

7. The application, lodged in due form, was served on the High Authority on 24 March 1955 in accordance with Article 33 (2) of the Rules of Procedure of the Court. The statement of defence was lodged at the Court Registry within the period prescribed in Article 31 (1) of the Rules of Procedure of the Court and was duly served. No other documents have been served.

7. Admissibility

I. The application, for the bringing of which no time-limit is prescribed, complies with the requirements of Article 77 of the Rules of Procedure of the Court.

II. Article 37 of the Protocol on the Statute of the Court of Justice provides that if the meaning or scope of a judgment is in doubt, the Court shall construe it on application by any party or any institution of the Community establishing an interest therein.

2. Substance

Upon reading the pleadings; Having regard to the fact that the parties have not put forward oral observations; Upon hearing the opinion of the Advocate General; Having regard to Article 37 of the Protocol on the Statute of the Court; Having regard to the Rules of Procedure of the Court including those relating to costs, THE COURT hereby: