JUDGMENT OF 17. 7. 1959 — JOINED CASES 32 AND 33/58 SNUPAT v HIGH AUTHORITY

In Joined Cases 32 and 33/58

THE COURT composed of: A. M. Donner, President, O. Riese (Rapporteur) and J. Reuff, Presidents of Chambers, L. Delvaux, Ch. L. Hammes. R. Rossi and N. Catalano, Judges, Advocate-General: M. Lagrange Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Conclusions of the parties

1. n Case 32/58

2. n Case 33/58

II — Facts

III — Submissions and arguments of the parties

1. Admissibility (Case 32/58)

A — Was the application against the letter of the CPFI of 12 May 1958 lodged within due time?

B — Do the respective letters of the DPFI of 12 May 1958 and of the OCCF of 2 June 1958 constitute decisions?

2. The substance of Cases 32/58 and 33/58

A — Case 32/58: Action for failure to act

B — Case 32/58: The applications for annulment and the objections of illegality

C — Special features of Case 33/58

(a) Discussion of the subject-matter of the dispute

(b) Discussion as to substance

Grounds of judgment

First part: Case 32/58

Admissibility

1. The letter from the CPFI of 12 May 1958

(a) Was the application against that letter lodged within the prescribed period?

(b) Does the letter of 12 May 1958 constitute a decision?

2. The action for failure to act

3. The application against the letter from the OCCF of 2 June 1958

Substance

1. Can the applicant raise an objection of illegality against the letters of the High Authority of 18 December 1957 and 17 April 1958?

(a) Does the letter of 18 December 1957 constitute a decision?

(b) Does the letter of 17 April 1958 constitute a decision?

2. May the Court examine the legality of the principles set out in the letters of 18 December 1957 and 17 April 1958?

3. Is it legal to subject group ferrous scrap to equalization?

4. Is the action for failure to act well founded?

Second part: Case 33/58

Admissibility

Costs