JUDGMENT OF 17.7. 1959 — JOINED CASES 36 TO 38, 40 AND 41/58 SIMET v HIGH AUTHORITY

In Joined Cases,

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

gives the following

JUDGMENT

Issues of fact and of law

I — History and subject-matter of the dispute

A. Origins to the judgments in Cases 9/56 and 10/56

B. From the judgments in Cases 9/56 and 10/56 to Applications Nos 36, 37, 38, 40 and 41/58.

II — Procedure

III — Submissions and arguments of the parties

A — Admissibility

(a) Were Applications Nos 40 and 41/58 lodged within due time?

(b) May the applicants be heard to raise the four grounds for annulment described in Article 33 of the Treaty?

B — Substance

(a) Misuse of powers

1. Arguments of the applicants

2. Arguments of the defendant

(b) Infringement of the Treaty

(c) Failure to state reasons — retroactive effect

(d) Infringement of an essential procedural requirement

Grounds of judgment

A — Admissibility

1. Were the applications lodged within the period prescribed by the Treaty and by the Rules of Procedure?

2. Is Decision No 13/58 general or individual in character?

3. Are Applications Nos 36/58, 37/58 and 38/58 against General Decision No 13/58 admissible?

B — Substance

Does Decision No 13/58 involve a misuse of powers?

C — Costs