JUDGMENT OF 21. 6. 1958 — CASE 11/57 SOCIÉTÉS ÉLECTRIQUES D'UGINE v HIGH AUTHORITY ECSC

In Case 11/57

THE COURT composed of: M. Pilotti, President, A. van Kleffens and L. Delvaux, Presidents of Chambres, 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

I. — Facts

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — Admissibility

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

2. Whether the submissions constitute complaints of misuse of powers.

B — Substance

First complaint: The contested provisions of the financial arrangement pursue objectives contrary to the general objectives laid down for the activities of the High Authority.

Second complaint: Misuse of powers arising from the influence of the financial arrangement on investment.

Third complaint: Misuse of powers in that the financial arrangement was used for the purposes of allocation.

IV — Procedure

Law

A — Admissibility

B — Substance

1. The complaint of misuse of powers with regard to Article 3 of the Treaty, that is to say that the objectives pursued through contested provisions of the financial arrangements are contrary to the general objectives laid down for the activities of the High Authority.

2. The complaint of misuse of powers with regard to Article 59 of the Treaty in that the financial arrangement was used for the purpose of allocation.

3. The complaint of misuse of powers with regard to Article 54 of the Treaty, by the influence of the financial arrangement on investments.

Costs