JUDGMENT OF 10. 12. 1957 — JOINED CASES 1 AND 14/57 USINES À TUBES DE LA SARRE v HIGH AUTHORITY

In Joined Cases 1 and 14/57

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

gives the following

JUDGMENT

Facts

1. Procedure

2. Facts

3. Conclusions of the parties

4. Submissions and arguments of the parties

A — Admissibility

I — Admissibility of Application 1/57

II — Time-limit for delivery of the opinion provided for in the fourth paragraph of Article 54

III — Admissibility of Application 14/57

IV — Admissibility of an application for annulment of an opinion

V — Consequences of a declaration of inadmissibility

B — Substance

I. The claim that the opinion of 27 February 1957 was delivered out of time

II — Statement of reasons

(a) The letter of 19 December 1956 (Application 1/57)

(b) Letter of 27 February 1957 (Application 14/57)

III — Investment programme and adverse opinion

IV — Treatment meted out to the applicant

Law

A — Admissibility of Applications 1/57 and 14/57

I — Does the letter of 19 December 1956 constitute an opinion within the meaning of the fourth paragraph of Article 54 of the Treaty?

II — Does the letter of 27 February 1957 constitute an opinion within the meaning of the fourth paragraph of Article 54 of the Treaty?

B — Admissibility of an application for annulment of an opinion delivered pursuant to the fourth paragraph of Article 54 of the Treaty

C — Effect of a ruling that the application is inadmissible

D — Costs