JUDGMENT OF 14. 7. 1961—JOINED CASES 9 AND 12/60 VLOEBERGHS v HIGH AUTHORITY

In Joined Cases 9/60 and 12/60

THE COURT composed of: A. M. Dormer, President, Ch. L. Hammes and N. Catalano (Judge-Rapporteur), Presidents of Chambers, O. Riese, L. Delvaux, J. Rueff and R. Rossi, Judges, Advocate-General: K. Roemer Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of Fact and of Law

I — Facts

II — Conclusions of the parties

III — Submissions and arguments of the parties

1. Admissibility

A — The application in Case 9/60

B — The application in Case 12/60

2. On the substance of the case

A - As regards the application in Case 9/60

The High Authority's failure to act

The damage

B — As regards Case 12/60

Infringement of the Treaty

Misuse of powers

IV — Procedure

Grounds of judgment

A — The admissibility of the application for failure to act (Case 12/60)

B — The admissibility of the application for compensation (Case 9/60)

1. The meaning of the first paragraph of Article 40

2. The capacity to bring an action under Article 40

3. Subject-matter of the application

C— On the substance of the case

D — Costs