MERONI v HIGH AUTHORITY JUDGMENT OF 1. 6. 1961 — JOINED CASES 5, 7 AND 8/60

In Joined Cases 5, 7 and 8/60

THE COURT composed of: A.M. Donner, President, Ch. L. Hammes and N. Catalano, Presidents of Chambers, O. Riese, L. Delvaux (Rapporteur), J. Rueff and R. Rossi 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— Procedure

Grounds of judgment

Costs

I—. Conclusions of the parties

(a). Declare that this application is admissible;

(b). Annul the decision of the High Authority of 28 October 1959 ordering the applicant to pay the sum of Lit. 3358438 by way of equalization of ferrous scrap for the months of October and November, together with interest for delay in payment of Lit. 76713 calculated to 30 September 1959;

(c). Declare alternatively that there is in fact no such claim as the one made by the High Authority in its contested decision in that (even if it is admitted without any reservation that there is such a claim) it is more than offset by the applicant's claim which is liquidated, payable, not disputed and for a much greater amount;

(d). Order the defendant to pay the costs.

(a). Declare that this application is admissible;

(b). Annul the decisions of the High Authority of 28 October 1959, served on the applicant by registered letters of 22 February 1960 numbered 63575 and 63576 respectively, ordering the applicant to pay the sum of Lit. 4627750 by way of equalization of ferrous scrap for the months of July, August September, October and November 1958, together with interest thereon amounting to Lit. 127244;

(c). Order the defendant to pay the costs.

(a). Declare that this application is admissible;

(b). Annul the decisions of the High Authority of 28 October 1959, served on the applicant by registered letters of 22 February 1960 numbered 63880 and 63881 respectively, ordering the applicant to pay the sum of Lit. 6988825 by way of equalization of ferrous scrap for the months of July, August, September, October and November 1958, together with interest thereon amounting to Lit. 215513;

(c). Order the defendant to pay the costs.

1. Declare that the three applications are admissible;

2. Pursuant to Article 23 of the Protocol on the Statute of the Court of Justice of the European Coal and Steel Community order the defendant to produce the documents and reports on the basis of which the weighted average of the prices of imported scrap and scrap treated as such and also of the price of domestic recovered scrap was fixed;

3. Declare that there is no statement of the reasons upon which Decisions Nos 20 to 58 of the High Authority, and consequently the individual decisions challenged by the applicants, are based;

4. In addition annul the contested decisions on the grounds of infringement of an essential procedural requirement, infringement of the Treaty and misuse of powers;

5. Declare alternatively, and only if it should be necessary, that there is no such claim as the one made by the High Authority in the contested decisions, because, even if it is admitted without any reservation that there is such a claim, it has been offset by the applicant's claim which is liquidated, payable, not disputed and in the amount as the High Authority's claim;

6. Order the defendant to pay the costs.

1. Reject each and every claim made in the applications lodged by the companies Meroni & Co., Milan (Case 5/60), FERAM, Rome (Case 7/60) and SIMET, Naples (Case 8/60);

2. Order the applicant companies to pay the costs and fees.

II—. Facts

1. Meroni: Lit. 3358438 for the months October and November 1958 together with interest amounting to Lit. 76713 for delay in payment;

2. FERAM: Lit. 4627750 for the months August to November 1958 together with interest amounting to Lit. 127244 for delay in payment;

3. SIMET: Lit. 6988825 for the months July to November 1958 together with Lit. 215513 for delay in payment.

III—. Procedure

On those grounds, Upon reading the pleadings; Upon hearing the report of the Judge-Rapporteur; Upon hearing the parties; Upon hearing the opinion of the Advocate-General; Having regard to Article 33 of the Treaty establishing the European Coal and Steel Community; Having regard to the Rules of Procedure of the Court of Justice of the European Communities; THE COURT hereby:

1 Declares that there is no ground for proceeding to judgment;

2 Orders that the High Authority shall bear the costs with the exception of the costs incurred after the notification of the decisions revoking the individual decisions which shall be borne by the applicants.