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

I —. Facts

II —. Conclusions of the parties

(i). declare the contested Decision null and void;

(ii). alternatively, revoke the contested Decision and order that the surcharges for delay be remitted;

(iii). in the further alternative vary the contested Decison and order an appropriate reduction of the surcharges for delay;

(iv). order the defendant to bear the costs;

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

A —. Admissibility

B —. Substance

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

II —. Costs

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 Articles 14, 15, 33, 36, 49 and 50 of the Treaty establishing the European Coal and Steel Community; Having regard to the Protocol on the Statute of the Court of Justice of 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:

I Annuls the individual enforceable Decision of 14 November 1962 addressed by the High Authority to the applicant;

2 Orders the High Authority of the European Coal and Steel Community to bear the costs.