JUDGMENT OF 16. 12. 1963 — CASE 18/62 BARGE v HIGH AUTHORITY

In Case 18/62

THE COURT composed of: A. M. Donner, President, Ch. L. Hammes and A. Trabuccru (Presidents of Chambers), L. Delvaux (Rapporteur), R. Rossi, R. Lecourt and W. Strauß, 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 — Summary of the facts

III — Submissions and arguments of the parties

A — As to admissibility

B — As to the substance of the case

I — The individual Decisions of 23 May 1962

1. With regard to the party to whom the Decisions are addressed

2. With regard to the checks carried out by the S. A. Fiduciaire suisse

3. As to the reason for the adjustment of the applicant's declarations on the basis of an estimate

4. With regard to the inductive findings and the opinion of experts on this method

5. Was the High Authority obliged before taking the Decisions to give the applicant the opportunity to submit her comments?

II — Article 10 (b) and (d) of general Decisions Nos 2/57 and 16/58

1. Submissions and arguments common to Article 10 (b) and (d)

2. As to Article 10 (b)

3. As to Article 10 (d)

III — General Decisions 18, 19 and 20/60

IV — Procedure

Grounds of judgment

On the substance of the case

As to the objection of illegality directed against Article 10 (b) and (d) of general Decisions Nos 2/57 and 16/58

As to the objection of illegality directed against general Decisions Nos 18/60, 19/60 and 20/60

Costs