Acciaierie San Michele SpA (in liquidation) v High Authority of the ECSC (Judgment): ECJ 2 Mar 1967

ECJ 1. Liability of the ECSC – financial arrangements – equalization – normal disadvantages – absence of harm 2. Common financial arrangements – equalization of ferrous scrap – calculation of contributions – estimated assessment – conditions (ECSC treaty, article 53) 1. Cf. Para. 1, summary, joined cases 14, 16, 17, 20, 24, 26 and 27/60 and 1/61 (1961) ECR 161. The disadvantages which are bound to be inherent in the system of equalization are normal and do not amount to an injury giving rise to a claim for reparation. Uncertainty as to the rate of equalization, even if the amount applicable for a single period has been increased by a considerable amount, is regarded as such a disadvantage provided that experienced producers have been able to take these increases into account in their estimates. */ 661j0014 /*. 2. In order to be entitled to make an estimated assessment, the high authority must prove that the undertaking in question has failed either to produce the information necessary for calculating its contributions or to supply proof in support of it.

Citations:

C-58/65, [1967] EUECJ C-58/65, C-9/65

Links:

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Cited by:

CitedAcciaierie San Michele Spa (In Liquidation) v High Authority Of The ECSC ECJ 22-Feb-1968
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European

Updated: 20 May 2022; Ref: scu.131782