JUDGMENT OF 8. 2. 1966 — CASE 8/65 ACCIAIERIE E FERRIERE PUGLIESI v HIGH AUTHORITY

In Case 8/65

THE COURT composed of: Ch. L. Hammes, President, L. Delvaux, President of Chamber, A. M. Donner (Rapporteur), 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

IV — Procedure

Grounds of judgment

A — Admissibility

B — Substance of the case

The first submission

The second submission

C — Costs

I —. Facts

II —. Conclusions of the parties

1. on the grounds relied on, annul the contested decision of the High Authority of the ECSC of 13 November 1964;

2. consequently declare that the High Authority must take the necessary steps to comply with the Judgment, including the amendment of Decision No 7/63, in accordance with the instructions laid down in the judgment of the Court;

3. order the High Authority to pay the costs;

III —. Submissions and arguments of the parties

1. Infringement of the rules of evidence; infringement of an essential procedural requirement on the ground of failure to give a statement of reasons for the decision (infringement of Articles 5 and 15 of the Treaty establishing the ECSC);

2. Failure to observe that the Community provisions concerning equalization do not apply to the quantities of ferrous scrap used in the foundry (infringement of Decision No 2/57);

3. Alternatively, failure to observe that the Community rules concerning equalization do not apply to quantities of ferrous scrap re-used or for forging (infringement of Decision No 2/57).

IV —. Procedure

A —. Admissibility

B —. Substance of the case

C —. Costs

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 Article 33; Having regard to Decisions Nos 2/57 and 13/58 of the High Authority of 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, especially Article 69 (2); THE COURT hereby:

1 Annuls the decision of the High Authority of the European Coal and Steel Community of 13 November 1964, concerning the financial obligations of the applicant company under the scheme of equalization of imported ferrous scrap and scrap treated as such;

2 Orders the defendant to pay the costs.