Court of Justice of the European Communities — Provisional measures — Request for suspension of execution of decision of High Authority — Time for making request — Request made after closure of written and oral proceedings on merits.

International organization — European Coal and Steel Community — Convention containing Transitional Provisions — Competence of High Authority — Decisions of Authority required to be taken during transitional period — Notification of decisions to Government concerned after expiry of period — Determination of date of decision — Alleged violation of Convention, section 23, and Treaty, Article 70 — Meaning of concept of discrimination in Treaty — Breach of substantial procedural requirement — Requirement of reasons for decision of High Authority — Détournement de pouvoir — Necessity for supporting this ground with precise evidence.

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.

Court of Justice of the European Communities — Provisional measures — Request for suspension of execution of decision of High Authority — Decision constituting refusal of authorization of trading regulations — Competence of Court to compel authorization by administration — Competence of Court to grant provisional authorization — Whether suspension may be granted if damage to plaintiffs can be compensated.

Court of Justice of the European Communities — Costs — Vexatious costs — Plaintiffs led to bring appeal by action of High Authority — Part of plaintiffs' costs charged to High Authority.

International organization — European Coal and Steel Community — What constitutes a decision of High Authority — Decision authorizing trading regulations with preamble containing conditions under which future authorization of such regulations would be granted — Whether conditions constituted part of decision with binding effect or were merely indications of future action by High Authority — Violation of Treaty — Power of High Authority under Article 47 — Whether decision appointing inspectors to report and study under Article 47 had legal effect upon enterprise or was merely internal measure.

Treaties — Operation of — Relation to municipal law — Effect of action under municipal law contrary to treaty provision — Treaty establishing European Coal and Steel Community and Protocol on Privileges and Immunities — Tax improperly assessed by authorities of member State on income of family of Community official — Obligation of member State to withdraw assessment and make reparation.

International organization — International officials — Immunities of — Extent of immunity from taxation — Whether salary of official exempt from aggregation to determine rate of tax due on joint family income — Indirect taxation of salary — Protocol on Privileges and Immunities of European Coal and Steel Community, Article 11 (b) — Law applicable in interpreting this provision — Ratio legis of exemption from taxation.

Court of Justice of the European Communities — Access to — By individual official of Community in action against Government of his national State — Whether action should be brought by High Authority on behalf of official — Whether local remedies must be exhausted before appeal to Court admissible — Principle in Treaty of strict separation of powers of Court from those of municipal courts of member States — Protocol on Privileges and Immunities, Article 16 — Who are "parties " to "dispute" within Article 16.

Officials of international organizations — Right to privileges and immunities — European Coal and Steel Community — Immunity of officials from taxation — Extent of — Whether salary of official exempt from aggregation to determine rate of tax due on joint family income — Indirect taxation of salary — Whether local remedies must be exhausted before appeal to Court of Communities admissible — Protocol on Privileges and Immunities of Community, Article 11 (b) — Law applicable in Interpreting this provision — Relevance of Belgian law — Ratio legis of exemption from taxation — Exemption as “legitimate interest” of Community.

Court of Justice of the European Communities — Provisional measures — Request for suspension of execution of decision of High Authority — Requirement of proof that plaintiff would suffer serious and irreparable damage if request not granted.

International organization — European Coal and Steel Community — Powers of High Authority to obtain information from enterprises and to verify such information — Right of enterprise to request prior decision of High Authority if it believes Authority's officials are exceeding scope of their mission — Whether obtaining information and verification of it constitute separate operations to be carried out in succession — Treaty, Article 47 — Charge of violation of — Requirement of reasons for decision of High Authority — Competence of High Authority to order verification in respect of sectors of mixed enterprise not within scope of Treaty — Détournement de pouvoir — Need for plaintiff to specify ultra vires aims being pursued.

Court of Justice of the European Communities — Revision of judgment — Grounds for — Documents submitted to Court in language other than that of the procedure — Whether Court thus prevented from knowing contents of documents — Whether plaintiffs' case hampered.

Court of Justice of the European Communities — Procedure — Pleadings — Reply — Contents of — Amplification of claim in request distinguished from new claim — Statute of the Court, Article 22 — Rules of Procedure, Article 38.

Court of Justice of the European Communities — Procedure — Time — limits for appeals — Appeal by official — Specific provision in old Rules of Procedure — No provision for these appeals in new Rules — Whether new Rules have retrospective effect — Date from which new Rules operative.

Court of Justice of the European Communities — Procedure — Time-limits for appeals — Appeal by official — Specific provision in old Rules of Procedure — No provision for these appeals in new Rules — Whether new Rules have retrospective effect — Date from which new Rules operative.

International organization — International officials — European Coal and Steel Community — Contract of employment with — Voluntary suspension of employment — Whether employee may resign during such suspension — Contract of employment made for indefinite period — Whether employee entitled to terminate such contract unilaterally — Whether Statute of Service overrides terms of particular contract — Claim for monies due.

International organization — European Coal and Steel Community — Decisions of High Authority — Distinction between general and individual decisions — Circumstance in which letter from official can constitute a decision.

Court of Justice of the European Communities — Law applied by Relevance of “general principles of law” — Principle of certainty — Principle of legality — Reference to municipal laws of Member States on legality of withdrawal of administrative acts — Respective functions of Court and High Authority of E.C.S.C. in balancing public and private interests concerned.

Court of Justice of the European Communities — Grounds for appeal to Court — Whether appeal for exces de pouvoir under Article 33 of E.C.S.C. Treaty may result in finding of liability for jaute de service.

International organization — European Coal and Steel Community — Subsidy system for imported steel scrap — Levy on scrap purchased within Community — Exemption of enterprise's “own resources” of scrap — Legality of exemption in case of associated but separate companies — Meaning of “enterprise” in E.C.S.C. Treaty, Article 80 — Whether two or more companies can constitute a single enterprise — Legality of retroactive withdrawal of illegal act which has conferred rights or advantages — Effect of absence of provision in decision of High Authority allowing derogation from general provisions of decision — Whether power to grant derogations may be presumed.

Court of Justice of the European Communities — Functions Whether it is part of Court's duty to ensure respect for municipal law of member States — Power of Court to interpret or apply constitutional law of member States.

Court of Justice of the European Communities — Costs — Apportionment of — Rules of Procedure, Article 69.

International organization — European Goal and Steel Community — Decisions of High Authority — Violation of substantial procedural requirement — Requirement of reasons for decisions of High Authority — Rationale of this requirement — Decision authorizing trading regulations on basis of criteria as to amount of coal bought and sold by wholesaler — Inadequate reasons for selecting and changing these criteria — Alleged violation of Treaty, Article 65 — Détournement de pouvoir — Use of powers for illegal purpose.

Court of Justice of the European Communities — Procedure — Intervention — Conditions for admissibility of — Statute of Court of European Coal and Steel Community, Article 34 — Effect of making application to intervene — Language in which application to be drawn.

International organization — European Goal and Steel Community — Treaty establishing Community, Articles 67 and 4 (c) — Prohibition of State subsidies — Government-sponsored shift bonus to German coal face miners — Legality of — Whether affected by coal enterprises’ obligation to pay Government contribution to miners’ welfare funds — Failure of High Authority to declare action of German Government to be in violation of Treaty — Respective competence of Authority and member States in matter of subsidies — Whether competence of Authority limited to powers conferred on it by member States — Interpretation of Articles 67 and 4 (c) by reference to intention of parties.

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.

Court of Justice of the European Communities — Procedure — Costs — Action challenging decision of High Authority — Decision rescinded before judgment — Whether plaintiff persisting in action after rescission entitled to costs — Costs “thrown away” — Rules of Procedure, Article 69.

Court of Justice of the European Communities — Procedure — Time — limits — Action by official alleging wrong classification of job by High Authority — Whether action prima facie time — barred revived by implied decision of Authority refusing to regrade plaintiff — Effect of new Rules of Procedure omitting to prescribe time — limit for such action.

International organization — International officials — European Coal and Steel Community — Contract of employment with — Action by official alleging wrong classification of his job by High Authority — Whether time-barred right of appeal revived by implied decision of Authority refusing to re-grade plaintiff.

Court of Justice of the European Communities — Costs — Costs of expert examination ordered by Court into economic aspects of railway tariffs — Rules of Procedure, Articles 49 (1) and 73 (a).

International organization — European Coal and Steel Community — Decisions of High Authority — Appeal by enterprises for annulment of decision concerning rail tariffs contained in letter from Authority to Government of member State — Whether enterprises have sufficient interest to bring appeal — Violation of Treaty, Article 70 — Element of subsidy in rail tariffs — Whether tariffs also discriminatory within Article 4 — Powers of High Authority to grant time-limits for modification of tariffs under Convention containing Transitional Provisions — Competence of Authority to interfere in transport matters — Requirement of discrimination as condition of such competence.

Court of Justice of the European Communities — Procedure Meaning of requirement that application must contain statement of grounds relied on — Examination by Court proprio motu to see whether this requirement satisfied — Protocol on Statute of Court, Article 22 — Rules of Procedure, Article 38.

International organization — European Coal and Steel Community — Competence of enterprise outside scope of Treaty to bring appeal challenging inaction of High Authority — Meaning of coal-producing enterprise in Article 80 — Competence of “outside” enterprise to claim damages against High Authority for faute de service — Scope of Article 40 of Treaty — Nature of jurisdiction of Court under this article — Distinction between actions challenging legality and actions concerning liability — Interpretation of principle of free circulation of coal and steel within Community — Operation of Articles 4 (a) and 73 of Treaty.

Court of Justice of the European Communities — Procedure — Pleadings — Reply — Additional submissions not contained in request — Admissibility of — Relevance of fact that submissions are made in appeal en pleine juridiction.

Court of Justice of European Communities — Costs — Apportionment of — Action by official against Community institution — Rules of Procedure, Articles 69 and 70.

International organization — International officials — European Economic Community — Contract of employment with — Public law nature of — Conditions governing employment before adoption of Statute of Service — Exclusive competence of Commission to decide upon official's grade — Claim for damages for loss of reputation due to faute de service by Commission — Security of employment — Whether Commission committed faute de service by fostering in employees hope of secure employment — Détournement de pouvoir — Whether constituted by dismissal allegedly for publication of article critical of Commission — Principle of good faith applicable to acts of authorities in administrative sphere — Consequence of applicability of this principle — Dismissal notice to be reasoned — Validity of reasons — Length of notice to be reasonable — Assessment of damages for breach of contract — Damages for non-physical suffering assessed ex aequo et bono.

Court of Justice of the European Communities — Procedure — Pleadings — Request — Requirement that all grounds of appeal be fully set out in original request.

International organization — European Coal and Steel Community — What constitutes a decision of High Authority — Implied decision resulting from inaction — Date from which inaction to be calculated for purpose of bringing action before Court — Appeal on ground that decision vitiated by fault — Circumstances in which such appeal allowable.

Court of Justice of the European Communities — Procedure — Intervention — Conditions for — Appeal for annulment of decision of High Authority by Government of member State — Intervention by private persons — Limitations on object of such intervention — Whether intervenormaymake submissions regarding actions of High Authority vis — à — vis the Government.

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 State — 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.

Court of Justice of the European Communities — Competence — Actions between Community and its officials prior to adoption of Statute of Service — E.E.C. Treaty, Articles 173 and 179 — Application of general jurisdiction conferred by Article 173 to actions by officials — Restricted power of authors of Statute of Service in matters of competence of Court.

International organization — International officials — European Economic Community — Contract of employment with — Public law nature of — Conditions governing employment before adoption of Statute of Service — Security of employment — Whether Commission committed faute de service by fostering in employees hope of secure employment — Principle of good faith applicable to actions of authorities in administrative sphere — Consequence of applicability of this principle — Dismissal notice to be reasoned — Validity of reasons — Length of notice to be reasonable — Assessment of damages for breach of contract — Damages for non-physical suffering assessed ex aequo et bono.

Court of Justice of the European Communities — Award — Costs — Apportionment of — Appeal inadmissible but plaintiffs virtually forced to bring it by conduct of defendant.

International organization — European Coal and Steel Community — Decisions of High Authority — Whether letter defining terms in earlier decision can constitute a decision — Distinction between decision and internal directive from administrative superior to subordinate departments.