De Gezamenlijke Steenkolemijnen In Limburg v ECSC High Authority: ECJ 4 Feb 1959

Europa Proceedings may be brought under article 35 only inasmuch as the applicant has first raised the matter with the high authority in accordance with the provisions of the first paragraph of that article . This initial requirement is necessary not only because the time-limit set for the party concerned commences to run with effect from the request submitted to the high authority but also because of the need for notification which, by impugning the inaction of the high authority, forces it to take a decision within a limited period regarding the legality or otherwise of its inaction (article 35 of the ecsc treaty).
The basis of an action cannot be changed, even by way of an alternative, in the reply.
If, after giving a state the opportunity to submit its comments, pursuant to article 88, the high authority receives undertakings from the state which convince it that the state has not failed to fulfil an obligation under the treaty, it has no alternative but to discontinue the action taken . Article 88 of the treaty confers no power on the high authority to take, in respect of member states, decisions registering approval but only decisions recording failure to fulfil an obligation under the treaty (article 88 of the ECSC treaty).


C-17/57, [1959] EUECJ C-17/57




Updated: 20 May 2022; Ref: scu.131572