Friedrich Stork et Cie v. The High Authority.

Abstract

Treaties — Conclusion and operation of — Entry into force — Whether one paragraph of an article can enter into force before another paragraph — Effect of both paragraphs as integral parts of article — Treaty establishing European Coal and Steel Community, Article 65 — Date of entry into force of Article 65 (1) prohibiting restrictive agreements — Whether Article 65 (1) intended to enter into force before Article 65 (2).

Treaties — Interpretation of — Principles and rules of — Meaning and principal object of treaty — Convention on Transitional Provisions annexed to Treaty establishing European Coal and Steel Community.

Court of Justice of European Coal and Steel Community — Competence to pronounce upon questions of municipal law.

International organization — European Coal and Steel Community — Treaty establishing Community, 1951, Article 65 — Convention containing Transitional Provisions — Date of entry into force of Article 65 (1) prohibiting restrictive agreements — Whether any derogation from this date for particular provision in Article 65 — Relevance of motive of evasion in making trade regulations — Whether Article 65 (1) intended to enter into force before Article 65 (2) — Meaning and purpose of Convention containing Transitional Provisions — Powers exercised by Governments of member States during transitional period — Whether identical with powers of High Authority after establishment of Common Market — Détournement de pouvoir — Violation of Treaty — Alleged duty of High Authority to apply municipal law in determining validity of trade regulations made before entry into force of Treaty — Law applied by High Authority — Article 8 of Treaty — Whether competent to apply municipal law of member States — Whether High Authority concerned with validity of trade regulations under municipal law when exercising its functions under Article 65 (2).