Opinion of Mr advocate-general Lagrange delivered on 26 November 1959

1 Translated from the French.

2 With regard to (a) I think I should draw your attention to a certain obscurity in the French translation of the original German, which itself is not very clearly drafted. I submit, in a personal capacity, of course, and as a working document the following, intentionally literal translation: The High Authority believes that a uniform and overlapping marketing system (implicity contrary to the Treaty in the opinion of the High Authority) is unavoidable where certain large undertakings do not decide to sell their production independently. This means not that this uniform system is necessary but on the contrary that it is to be condemned, and that the only means of avoiding it is for certain large undertakings to agree to resume their independence in the marketing of coal; this may lead to the belief that the High Authority will make the resumption of independence a condition of future authorization.