Ferriera Ernesto Preo e Figli v High Authority of the ECSC: ECJ 30 Jun 1966

Europa Common financial arrangements – equalization of ferrous scrap – calculation of contributions – account taken by the high authority of re-use of arisings of ferrous scrap – average percentage of such arisings adopted for calculation – precise information essential (ECSC treaty, article 53) when it fixes the pecuniary obligations of an undertaking assessable under the scheme for the equalization of ferrous scrap, the high authority must show – and indeed give a statement of reasons for – the average percentage adopted in the case in question for the purpose of calculating the significance of the arisings of ferrous scrap; a mere mention that account has been taken of such arisings is insufficient. The lack of this information constitutes a serious hindrance to the adequate defence of the undertakings concerned and the necessary review by the court.




Updated: 10 April 2022; Ref: scu.131776