JUDGMENT OF 15. 12. 1961 — JOINED CASES 19/60, 21/60, 2/61, 3/61 FIVES LILLE CAIL v HIGH AUTHORITY

In Joined Cases

THE COURT Composed of: A.M. Donner, President, J. Rueff, President of Chamber, L. Delvaux, Ch. L. Hammes (Rapporteur) 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

A — Admissibility

1. Admissibility of Applications 19/60 and 21/60 with regard to the application of Article 35 of the Treaty

2. Admissibility of the applications from the viewpoint of exceptio obscuri libelli

B — The substance of the case

Action for ultra vires acts and infringement of rules relating to the application of the Treaty

Application for damages in respect of a wrongful act or omission

IV — Procedure

Grounds of judgment

I — The applications for annulment

Admissibility

1. Cases 19 and 21/60

2. Joined Cases 2 and 3/61

II — Applications for damages

A — Admissibility

B — Substance

1. Wrongful act or omission on the part of the High Authority

2. The applicants' damage

Costs