JUDGMENT OF 22. 3. 1966 — CASE 30/65 MACCHIORLATI DALMAS v HIGH AUTHORITY

In Case 30/65

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

III — Submissions and arguments — of the parties

A — Admissibility

B — The substance of the case

1. Submissions relating to the individual decision fixing the tonnage of scrap liable to equalization

(a) Inadequate statement of the reasons upon which the decision is based

(b) Infringement of Decision No 2/57 (Article 2 (2)) and of Decision No 16/58 (Article 4 (2))

(c) Infringement of Article 81 of the Treaty in conjunction with Article 80

(d) Infringement of the first paragraph of Article 47 of the Treaty

2. Submission relating to the individual decision fixing the amount of the contribution claimed from the applicant undertaking

3. Submissions relating to the illegality of the general decisions upon which the contested individual decisions are based

(a) Illegality of Decision No 19/60

(b) Illegality of Decisions Nos 18/60 and 20/60 in conjunction with Decision No 7/63

(c) Illegality of Decision No 7/63

(d) Illegality of Decision No 26/55

(c) Illegality of Decisions Nos 7/63, 18/60 and 20/60 fixing the equalization prices and of the decisions upon which they are based

IV — Procedure

Grounds of judgment

A — Admissibility

B — The substance of the case

1. Submissions relating to the individual decision fixing the tonnage of scrap subject to equalization

(a) Inadequate statement of the reasons upon which the decision is based

(b) Inaccuracy of the statement of the reasons upon which the decision is based

(c) Infringement of Articles 4 of Decisions Nos 2/57 and 16/58

(d) Infringement of Articles 80 and 81 of the Treaty

(e) Infringement of Article 47 of the Treaty

2. Submission relating to the individual decision fixing the amount of the equalization contributions

3. Submissions relating to the general decisions upon which the contested individual decisions are based

(a) The determination of the accounting periods

(b) Inclusion in the calculation of scrap treated as imported

(c) Changes in the amounts of scrap brought into equalization

(d) Economies in the use of scrap by the increased use of pig-iron

(e) The fixing of the equalization prices

4. The request by the applicant for measures of inquiry

C — Costs