JUDGMENT OF 4. 4. 1960 — JOINED CASES 4 TO 13/59 MANNESMANN v HIGH AUTHORITY

In Joined Cases

THE COURT composed of: A. M. Donner, President L. Delvaux, President of Chamber, O. Riese, Ch. L. Hammer (Rapporteur) and N. Catalano, Judges, Advocate-General: K. Roemer Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Statement of the facts

A — The bases of the equalization scheme

B — The actual situation

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — Lack of competence of the High A Authority to take decisions under Article 92 of the ECSC Treaty

B — Misuse of powers

C — Infringement of an essential procedural requirement

D — Infringement of the Treaty

1. Did the applicants receive a payment?

as to (aa)

as to (bb)

2. Were the applicants entitled to equalization payments?

3. Does the High Authority possess a right as against the applicants to reclaim overpayments?

4. What scrap was delivered to the applicants?

E — Infringement of the principle of good faith

F- Set-off

IV — Procedure

Grounds of judgment

I — Admissibility of the applications

II — Substance of the applications

1. The submission based on lack of competence

2. The merits of the High Authority's claims

Costs