Opinion of Mr Advocate General Darmon

Mr President,

Members of the Court,

1. The common market in coal and steel prohibits discriminatory practices, especially as regards prices (Article 4 (b) and 60 (1) of the ECSC Treaty).

2. In its observations the Commission has provided an excellent summary of the facts relevant to the question of admissibility, as it arises in this case:

3. However, to support the admissibility of its action, the applicant argues that owing to certain circumstances it did not learn of the Commission's letter until later.

4. Although Ferriera Vittoria has not expressly based its argument on the third paragraph of Article 39 of the Court of Justice of the ECSC in order to justify its delay in bringing its action, it might be considered that the circumstances relied upon by the applicant constitute unforeseeable circumstances or force majeure affording a defence to a plea that the action is time-barred. In my view, however, that defence may not be accepted.

For those reasons I propose that the Court should declare the application brought by the undertaking Ferriera Vittoria inadmissible and consequently order it to pay the costs.

1 Translated from the French.

2 Judgment; of 9 February 1984 in Case 284/82, [1984] ECR 557.

3 Opinion of Mr Advocate General Gand in Joined Cases 25 and 26/75, Simet and Feram v High Authority, [1967] ECR 33, at pp. 48 and 49.

4 Joined Cases 32 and 33/58, SNUPAT v High Authority, [1959] ECR 127 at p. 136; Opinion of Mi-Advocate General Lagrange at p. 149.

5 Case 284/82, Busseni, [1984] ECR 557 at paragraph 12; Opinion of Mr Advocate General Reischl at p. 568.