JUDGMENT OF 3. 3. 1982 — CASE 14/81 ALPHA STEEL v COMMISSION

In Case 14/81

THE COURT composed of: J. Mertens de Wilmars, President, G. Bosco, A. Touffait and O. Due (Presidents of Chambers), P. Pescatore, Lord Mackenzie Stuart, A. O'Keeffe, T. Koopmans, U. Everling, A. Chloros and F. Grévisse, Judges, Advocate General: G. Reischl Registrar: P. Heim

gives the following

JUDGMENT

Facts and Issues

I — Facts and procedure

1. The background to the dispute

2. The course of the procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — Whether the case has ceased to have any purpose

B — Substance

(a) Inadequate statement of reasons and infringement of Article 58 (1) and Artide 74 of the ECSC Treaty

(b) Infringement of Article 58 (2) of the Treaty

(c) Infringement of the fourth and fifth paragraphs of Article 14 of the ECSC Treaty and of the general principle of Uw relating to the misuse of powers

IV — Oral procedure

Decision

Whether the case need proceed to judgment

Substance

The submission directed against the new decision of 24 February 1981

Second submission : Decision No 2794/80/ECSC is unhwful

(a) Inadequate statement of reasons and infringement of Article 58 (1) and Article 74 of the ECSC Treaty

(b) Infringement of Article 58 (2) of the ECSC Treaty

(c) Breach of the principle nulla poena sine lege and the principle of the protection of legitimate expectation

Third submission: the individual decision is null and void because it infringes the general decision, Decision No 2794/80/ECSC

Costs