JUDGMENT OF 17. 7. 1959 — CASE 42/58 SAFE v HIGH AUTHORITY

In Case 42/58

THE COURT composed of: A. M. Donner, President, 0. Riese (Rapporteur) and J. Rueff, 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

II — Facts

III — Submissions and arguments of the parties

1. Admissibility

A — Was the application against the letter of 31 July 1958 from the Market Division of the High Authority lodged within due time?

B — Does the letter of 31 July 1958 constitute a decision?

2. Substance

A — The action for failure to act

B — The application for annulment and the objections of illegality

(a) Lack of competence

(b) Failure to state reasons

(c) Infringement of the Treaty and misuse of powers

Grounds of judgment

Admissibility

1. Was the application against the letter from the Market Division of the High Authority of 31 July 1958 lodged within the prescribed period?

2. Is the action for failure to act admissible?

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. The arguments based on the exemptions already granted.

Costs