JUDGMENT OF 28. 4. 1966 — CASE 51/65 ILFO v HIGH AUTHORITY

In Case 51/65

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

The substance of the case

IV — Procedure

Grounds of judgment

Admissibility

The substance of the case

The amendment of the contested decisions

The first submission

The second submission

The claim for damages

Costs

I —. Facts

II —. Conclusions of the parties

(a). Exercise the powers conferred on it by Article 33 of the Treaty in order to annul the two individual decisions of 19 May 1965 and, in addition, in so far as it deems it appropriate, Decision No 7/63 to which the individual decisions refer;

(b). Exercise the powers conferred on it by Article 34 of the Treaty to refer the matter back to the High Authority for it to take the necessary steps to comply with the judgment, including the re-imbursement of any sum paid in error and the payment of such damages as the Court shall see fit;

(c). Order the High Authority to pay the costs;

(d). Make interlocutory orders for the conduct of the measures of inquiry indicated in each submission.

III —. Submissions and arguments of the parties

1. Misuse of powers in the form of inequality of treatment; infringement of the general rule against discrimination (Article 3(a), together with Articles 53 (4)(b), etc. of the Treaty)

2. Misuse of powers arising from the distortion of the facts; infringement of the general principle of law which requires the grounds given for a decision to be accurate

3. Misuse of powers in the form of a failure to give reasons for Decision No 7/63 and the inconsistencies therein

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, in particular Article 69 (3); THE COURT hereby:

1 Dismisses Application 51/65 as unfounded;

2 Orders the parties to bear their own costs.