Italian Government v. The High Authority.

Abstract

Court of Justice of the European Communities — Provisional measures — Request for suspension of execution of decision of High Authority — Competence of High Authority to impose sanctions upon Government — Decision limited to setting out breach by Government of obligations under Treaty — Whether request for suspension justified.

International organization — European Goal and Steel Community — Decision of High Authority concerning publication of transport tariffs — Decision purporting to be passed under self-executing provision of Treaty, Article 70 — Power to regulate publication of tariffs by member States conditional upon renunciation of right by States — Whether such renunciation express or implied in Treaty — Whether decision passed under Article 88 may impose obligation — Violation of substantial procedural requirement — Requirement that High Authority should grant prior opportunity to Government to submit observations — Violation of Treaty — Requirement that decision state in what way Government had not complied with Article 70 of Treaty.