Judgment of the Court 28 April 1966 Ferriere e Acciaierie Napoletane SpA v High Authority of the European Coal and Steel Community

In Case 49/65

THE COURT composed of: Ch. L. Hammes, President, L. Delvaux, President of Chamber, A. M. Donner, R. Lecourt and R. Monaco (Rapporteur), Judges, Advocate-General: J. Gand 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

Admissibility

Substance

IV — Procedure

Grounds of judgment

Admissibility

Substance

Costs

I —. Summary of the facts

(1). As a result of the inspections and checks carried out, in 1958 and 1962, by the Société Fiduciaire Suisse on Ferriere e Acciaierie Napoletane (hereinafter referred to as FAN), the quantity of assessable ferrous scrap consumed by the latter was, in the first instance, assessed at 41343 metric tons. This assessment was the subject of a letter addressed to the applicant by the High Authority on 8 April 1963. Both that letter and Decision No 7/63 of the High Authority were contested by the FAN before the Court of Justice. The relevant application 57/63 was dismissed on 9 June 1964 as inadmissible.

(2). In the course of proceedings, the parties came together and discussed the possibility of carrying out new checks. The applicant produced documents concerning the points at issue and an expert's report was obtained. As a result of these checks and discussions, the High Authority took the decision of 19 May 1965 which is contested by the present application.

(3). According to that decision, the quantity of assessable scrap consumed by FAN between April 1954 and November 1958 is 34300 metric tons.

(4). The difference between the tonnage declared by the FAN and that found and checked by the High Authority is thus 12531 metric tons.

II —. Conclusions of the parties

1. Pursuant to Article 33 of the Treaty, annul the individual decision of 19 May 1965;

2. Pursuant to Article 34 of the Treaty, if necessary refer the matter back to the High Authority for it to take the necessary steps within its competence to comply with the judgment, including the refund of any sums wrongly paid and the payment of fair compensation for the loss suffered as the Court deems fit;

3. Order the High Authority to pay the costs;

4. As a measure of inquiry, admit the annexed documents and order the High Authority to produce the complete file of documents on the assessment of the purchases of ferrous scrap concerning the Acciaierie Napoletane company, reserving the right if necessary to request additional measures of inquiry.

III —. Submissions and arguments of the parties

1. Infringement of essential procedural requirements and of the rules of the Treaty, especially Articles 3(b), 4(b), 5 and 53; infringement of the rules of law relating to the application of the Treaty arising from the general principles of the national law of the Member States concerning the burden of proof; infringement of the rules relating to the application of the equalization scheme and especially Decision No 2/57; misuse of powers

2. Infringement of the provisions, principles and rules cited in the foregoing submission; infringement of essential procedural requirements; failure to give a sufficient statement of reasons; misuse of powers

3. The claim for damages under Article 34 of the Treaty

IV —. Procedure

On those grounds, 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 Articles 15, 33, 34, 47 and 53 of the Treaty establishing 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 (3); THE COURT hereby:

1 Annuls the Decision of the High Authority of the European Coal and Steel Community of 19 May 1965 concerning the applicant's financial obligations within the framework of the scheme for the equalization of imported ferrous scrap and scrap treated as such;

2 Orders the defendant to pay the costs.

1 Language of the Case: Italian.

2 CMLR.