JUDGMENT OF 16. 6. 1966 — CASE 50/65 ACCIAIERIE SOLBIATE v HIGH AUTHORITY

In Case 50/65

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 — Facts

II — Conclusions of the parties

III — Submissions and arguments of the parties

Admissibility

Substance

IV — Procedure

Grounds of judgment

Admissibility

Substance

Costs

I —. Facts

II —. Conclusions of the parties

(a). By means of interim measures and a preparatory inquiry, order the High Authority to produce the file concerning the debit position of the applicant company;

(b). On the substance of the application, annul the contested individual decisions and, as far as necessary, the basic Decisions Nos 2/57 and 7/63;

(c). In accordance with Article 34 of the Treaty, refer the matter back to the High Authority for it to take the steps necessitated by the annulment applied for, including the repayment of any sums overpaid, with the relevant interest, and the payment of such damages as the Court shall see fit to order;

(d). Order the High Authority to pay the costs of the action.

III —. Submissions and arguments of the parties

1. Infringement of Articles 3, 4, 5 and 6 of general Decision No 2/57 of 26 January 1957 and of other provisions concerning the concept of bought scrap

2. Misuse of powers having regard to the illogicalities inherent in Decision No 7/63

IV —. Procedure

On those gounds, 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 Articles 33, 47 and 53; Having regard to the Protocol on the Statute of the Court of Justice annexed to the Treaty establishing 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.o Dismisses Application 50/65 as unfounded;

2.o Orders the applicant to pay the costs.