JUDGMENT OF 16. 12. 1963 — CASE 1/63 MACCHIORLATI DALMAS v HIGH AUTHORITY

In Case 1/63

THE COURT composed of: A. M. Donner, President, Ch. L. Hammes (Rapporteur) (President of Chamber), L. Delvaux, R. Rossi and R. Lecourt, 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 — The individual Decision of 14 November 1962

1. Absence and inadequacy of the statement of reasons

2. Infringement of Article 6 of general Decision No 3/52 in so far as it constitutes a rule of law relating to the application of the Treaty

3. Misuse of powers in the form of the High Authority's refusal to grant, as agreed, the remission of the surcharges for delay in payment

B — The individual Decision of 13 February 1959 as the basis for the Decision of 14 November 1962

1. Admissibility

2. The substance

C — The general Decisions establishing the levy

1. Admissibility

2. The substance

(a) Infringement of Article 50 (1)

(b) Infringement of Article 50 (2)

(c) Infringement of Article 47

(d) Infringement of the first paragraph of Article 36

D — The amount of the surcharges for delay in payment

IV — Procedure

Grounds of judgment

A — Admissibility

B — Substance

I — The nullity of the individual Decision of 14 November 1962

II — Costs