JUDGMENT OF 5. 12. 1963 — JOINED CASES 23, 24 AND 52/63 USINES HENRICOT V HIGH AUTHORITY

In Joined Cases

THE COURT composed of: A. M. Donner, President, Ch. L. Hammes and A. Trabucchi (Presidents of Chambers), L. Delvaux, R. Rossi, R. Lecourt (Rapporteur), and W. Strauß, 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 as to the admissibility of the applications

III — Arguments of the parties

On the application for annulment

1. The letters in dispute

2. Decision No 7/63

On the subsidiary applications for damages and for the appointment of experts

Costs

IV — Procedure

Grounds of judgment

On the admissibility of the applications for annulment

On the inadmissibility of the applications for damages

Costs

I —. Facts

II —. Conclusions of the parties as to the admissibility of the applications

1. Place on record the fact that the applicant leaves it to the Court to decide whether the letter of 5 April 1963 is a decision within the meaning of Article 33 of the Treaty;

2. Order the defendant to pay the costs.

1. Whether the objection of inadmissibility should be decided separately or together with the substance of the application;

2. On the merits of the objection;

III —. Arguments of the parties

1. The letters in dispute

2. Decision No 7/63

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 the Treaty establishing the European Coal and Steel Community, especially Articles 14 and 33; 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 and especially Articles 69 and 91; THE COURT hereby:

1 Rules that the applications submitted by the Société anonyme Usines Émile Henricot (Case 23/63), the Société anonyme Métallurgique d'Espérance-Longdoz (Case 24/63) and the Compagnie des Forges de Chatillon, Commentry et Neuves-Maisons société anonyme (Case 52/63) are inadmissible;

2 Orders the High Authority of the European Coal and Steel Community to bear its own costs and three-quarters of the costs of the applicants, and the applicants to bear one-quarter of their own costs