JUDGMENT OF 30. 6. 1966 — CASE 2/65 FERRIERA ERNESTO PREO v HIGH AUTHORITY

In Case 2/65

THE COURT composed of: Ch. L. Hammes, President, A. M. Donner (Rapporteur), A. Trabucchi, R. Lecourt and R. Monaco, Judges, Advocate-General: J. Gand 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 — Infringement of Article 3 of Decision No 22/54 of 26 March 1954, establishing a financial arrangement for the equalization of ferrous scrap imported from third countries, and of Article 5 of the Treaty

B — Abuse of powers on the ground of infringement of an essential procedural requirement (lack of a statement of reasons, misuse of power — in the form of misuse of procedure and evident illogicality) in connexion with the provisions of the first paragraph of Article 47, and the fourth paragraph of Article 86 of the Treaty together with Article 2 of Decision No 13/58

C — Abuse (misuse) of powers by reason of erroneous criteria and renunciation of the first assessment, which is all the more serious and requires relevant and convincing grounds since the assessment was accepted by the undertaking — complete failure to state reasons

IV — Procedure

Grounds of judgment

Costs