JUDGMENT OF 21. 6. 1958 — CASE 8/57 ACIÉRIES BELGES v HIGH AUTHORITY

In Case 8/57

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

Issues of fact

1. Facts

2. Conclusions of the parties

3. Submissions and arguments of the parties

A — The admissibility of the application

1. Whether it is possible for a misuse of powers to have been committed affecting the applicant association itself

2. Whether the submissions constitute complaints of misuse of powers

B — Substance

Law

A — Admissibility

B — Substance

1. The complaint of misuse of powers with regard to Article 53 (b) and Articles 2, 3, 4 and 5 of the Treaty, that is to say that the objectives pursued by the High Authority by means of financial arrangements under Article 53 are contrary to the objectives defined by Articles 3 and 4 of the Treaty.

2. The complaint of misuse of powers based on the contradiction between the various objectives stated in Decision No 2/57 on the one hand and between the objectives stated and the objectives actually pursued on the other

3. The complaint of misuse of powers with regard to Article 53 (b), Article 59 and Annex II to the Treaty, namely that, since the defendant has effected the allocation of ferrous scrap in the guise of a, financial arrangement whilst refraining from observing the provisions of Article 59, it has committed a misuse of powers

4. The complaint of misuse of powers with regard to Article 53 (b) and Articles 2, 3, 4, 46 and 54 of the Treaty, namely that the High Authority cannot have recourse to financial arrangements under Article 53 for the purpose of prohibiting certain new plant or of favouring certain investments, whilst disregarding the provisons of Article 54

Costs