JUDGMENT OF 8. 7. 1965 — JOINED CASES 3 AND 4/64 SIDÉRURGIE FRANÇAISE v HIGH AUTHORITY

In Joined Cases

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

A. The applicants claim:

B. The defendant contends that the Court should:

III — Submissions and arguments of the parties

A — Admissibility

As to (1) The submission with regard to acting by means of a decision and not by means of a recommendation

As to (2) The submission of discrimination as between Community producers

As to (3) With regard to the allegation of serious lack of care amounting to a disregard for the purpose of the law

B — The substance of the case

1. First aspect of misuse of powers: the High Authority took a decision when it was only empowered to make a recommendation (misuse of procedure)

2. Second aspect of the misuse of powers: the contested decisions entail a discrimination as between the producers of the Community

3. The allegation of grave lack of care amounting to a disregard for the purpose of the law

IV — Procedure

Grounds of judgment

I — Admissibility

II — Costs