JUDGMENT OF 13. 7. 1965 — CASE 111/63 LEMMERZ-WERKE v HIGH AUTHORITY

In Case 111/63

THE COURT composed of: Ch. L. Hammes, President, A. M. Dormer and R. Lecourt, Presidents of Chambers, L. Delvaux, A. Trabucchi, W. Strauß (Rapporteur) and R. Monaco, Judges, Advocate-General: K. Roemer Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Summary of the facts

II — Conclusions of the parties

III — Submissions and arguments of the parties

1. Inadequacy of the statement of reasons: the decision does not state the nature of the DSVG's mistake

2. Inadequacy of the statement of the reasons with regard to the permissibility of the retroactive revocation

3. Inadequacy and inconsistency of the statement of reasons with reference to the applicant's economic situation

4. Ambiguous nature of the reasons for the decision

5. Inadequacy of the statement of reasons with reference to the liability in principle of the applicant to pay equalization contributions

6. The mistaken claim that the company is liable to pay equalization contributions

7. Mistaken assumption of the High Authority that the CPFI decision of 8 May 1971 did not apply to the applicant

8. The mistaken assumption that the applicant must have known that the decision of 8 May 1957 did not affect it

9. Illegality of the revocation

10. Limitation of actions

11. Forfeiture

12. Misuse of powers

13. Mistakes in the calculations

Point 1

Point 2

IV — Procedure

Grounds of judgment

I — The submissions relating to the period prior to 1 February 1957

1. Mistake relating to the principle of liability to contribute to the equalization scheme

2. The exemption of the applicant for the period prior to 1 February 1957 and its eventual withdrawal

3. Limitation of action:

4. Misuse of powers

5. Inadequate statement of the reasons upon which the decision was based

II — The submissions relating to the period after 1 February 1957

A — Admissibility of these submissions

B — The substance of the submissions

1. The rate of exchange to be applied to the calculation of the debts of undertakings

2. The system relating to interest

III — Costs