JUDGMENT OF 16.12.1960 — JOINED CASES 41, AND 50/59 HAMBORNER BERGBAU v HIGH AUTHORITY

In Joined Cases

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

gives the following

JUDGMENT

Issues of fact and law

I — Statement of the facts

II — Conclusions of the parties

III — Submissions and arguments of the parties

Application 41/59

1. Admissibility of the application

2. Objection of illegality

3. The substance of the case

A. The submissions of infringement of the Treaty and of lack of competence

B. The submission concerning misuse of powers

4. Behaviour tending to establish the wrongful act or omission rendering the Community liable

5. Evidence

Application No 50/59

1. Admissibility of the application

2. Substance

IV — Procedure

Grounds of judgment

Case 41/59

Application No 50/59

Costs

1 Since the applicants do not know the exact amount of the revenue collected by the High Authority in surcharges, they have asked the Court to request the High Authority to state this. In its statement of defence the defendant maintained that up to 30 June 1959 the total surcharges collected by it amounted to 5038 units of account.