Mannesmann A.G., DüSseldorf, and others v. The High Authority.

Abstract

Court of Justice of the European Communities — Provisional measures — Request for suspension of decision of High Authority — Requirement that decision must be challenged in principal appeal prior to or concurrent with request — Decision involving pecuniary obligations — Forced execution — Requirement of justifiable fear of forced execution — Rules of Procedure, Articles 63 and 64.

Court of Justice of the European Communities — Rectification of judgment — Obvious inaccuracies — Distinction between rectification and interpretation of judgment — Rules of Procedure, Article 57.

International organization — European Coal and Steel Community — Competence of High Authority — Treaty, Article 92 — Decision of High Authority demanding repayment of subsidy paid to plaintiffs as result of fraudulent certificate — Implied power of Authority to enforce repayment of sums wrongly paid — Whether Authority should enforce repayment by private law means — Public law nature of subsidy system — Liability of enterprises to check certifying documents — Whether plaintiffs benefited from unjustified enrichment — Whether plaintiffs liable to repay subsidy — Decision violating rule of law concerning application of Treaty.