JUDGMENT OF 12. 6. 1958 — CASE 2/57 HAUTS FOURNEAUX DE CHASSE v HIGH AUTHORITY

In Case 2/57

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

gives the following

JUDGMENT

Facts

1. Procedure

2. Conclusions of the parties

3. Summary of the facts

4. Summary of the submissions and arguments of the parties

A — Admissibility of the application

B — The substance

Law

A — Admissibility

B — Substance

Costs

1. Procedure

2. Conclusions of the parties

3. Summary of the facts

4. Summary of the submissions and arguments of the parties

A —. Admissibility of the application

B —. The substance

A —. Admissibility

(a). In the defendant's view, the applicant describes as misuse of powers a series of grounds for complaint which, for various reasons, are germane, not to this ground for annulment, but to an infringement of the Treaty. For this reason the defendant maintains that the applicant cannot put forward these grounds of complaint under Article 33.

(b). The defendant considers that the reply contains certain new submissions based on the extent of the High Authority's powers under Article 53 of the Treaty, bearing in mind the distinction between a normal situation and an exceptional situation and the use of Article 53 instead of Article 59.

(c). Again, without definitely invoking the point as a bar to the proceedings, the defendant asks whether the applicant ought not to have impugned the equalization scheme at the time when equalization became compulsory, that is to say in 1954.

B —. Substance

Upon reading the pleadings; Upon hearing the parties; Upon hearing the opinion of the Advocate General; Having regard to Articles 2, 3, 4, 5, 33, 53, 59 and 80 of the Treaty, Annex II to the Treaty and Article 29 of the Convention; Having regard to the Protocol on the Statute of the Court of Justice; Having regard to the Rules of Procedure of the Court of Justice, including that relating to costs, THE COURT hereby:

1 Dismisses the application for annulment of Decision No 2/57 of the High Authority dated 26 January 1957;

2 Orders the applicant to pay the costs.