Институционално право

OPINION OF MR ADVOCATE-GENERAL GAND DELIVERED ON 1 APRIL 1965 ( 1 ) Mr President, Members of the Court, Seven Italian iron and steel undertakings — several of which have already appeared before you — once again raise the question of the liability of the ECSC incurred by reason of the alleged wrongful act or omission on the part of the High Authority in the management and supervision of the equalization scheme for ferrous scrap. Without describing this scheme, which is well known to you, in detail, I need only recall that its purpose was to ensure the regular supply of a product of a very speculative nature, and that it was set up on the basis of Article 53 (b) of the ECSC Treaty which authorizes the High Authority, with the unanimous assent of the Council, to make any financial arrangements which it recognizes to be necessary for the performance of the tasks set out in Article 3. It obtained its obligatory character from Decision No 22/54 of 26 March 1954 and was subsequently extended by Decisions Nos 14/55 of 26 March 1955 and 2/57 of 27 January 1957. It involved the payment of contributions based on the consumption of bought ferrous scrap by each undertaking and of equalization payments to undertakings which obtained ferrous scrap which was either imported from third countries or was treated as such, such as ferrous scrap obtained from ship-breakers' yards. The functioning of the scheme was ensured by two cooperative associations incorporated under ... Прочетете още