JUDGMENT OF 16. 12. 1963 — CASE 14/63 CLABECQ v HIGH AUTHORITY

In Case 14/63

THE COURT composed of: A. M. Donner, President, Ch. L. Hammes and A. Trabucchi (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 — Admissibility

1. The statement of grounds

2. Offers of proof

3. Legal interest necessary for taking proceedings

B — On the substance of the Case

1. Article 3 of Decision No 22/54

2. The background to Article 3

3. The application of national law

4. The general structure of Decision No 22/54

5. Practice and usage

6. The date of purchase of the disputed 20682 metric tons

IV — Procedure

Grounds of judgment

Admissibility

On the substance of the case

Costs

I —. Conclusions of the parties

A —. The applicant claims that the Court should:

B —. The defendant contends that the Court should:

II —. Summary of the facts

III —. Submissions and arguments of the parties

A —. Admissibility

1. The statement of grounds

(i). Knew perfectly well the interpretation placed by the applicant from the beginning on Article 3 of Decision No 22/54, that is to say, that only the tonnages bought as from 1 April 1954 could be taken into account as part of the basis of contribution;

(ii). has never questioned the fact that the 20682 metric tons in dispute, which were received by the applicant after 1 April 1954, had been bought by it before that date;

(iii). has never advanced any reason for the inclusion of the disputed tonnage as part of the basis of contribution other than its own interpretation of Article 3 of Decision No 22/54, that is to say that tonnages bought should be understood as meaning tonnages received.

2. Offers of proof

3. Legal interest necessary for taking proceedings

B —. On the substance of the Case

(1). Article 3 of Decision No 22/54;

(2). the background to Article 3;

(3). the application of national law;

(4). the general scheme of the Decision;

(5). practice and usage;

(6). the date of purchase of the disputed 20682 metric tons.

1. Article 3 of Decision No 22/54

2. The background to Article 3

3. The application of national law

4. The general structure of Decision No 22/54

5. Practice and usage

6. The date of purchase of the disputed 20682 metric tons

IV —. Procedure

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 and 53 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:

1 Dismisses application No 14/63 as unfounded;

2 Orders each party to bear its own costs.