Fonderie Acciaierie Mandelli v ECSC High Authority Fonderie Acciaierie Giovanni Mandelli v Commission of the European Communities: ECJ 8 Feb 1968

ECJ 1. Measures adopted by an institution – decisions of the high authority – statement of reasons – preparatory inquiries – irrelevant objections – uncertainties due to applicant’s own conduct (ECSC treaty, article 15) 2. Assessment to contribution – estimated assessment – powers of the high authority (decision no 13/58 of the high authority of 24 July 1958, article 2; official journal 1958, p.269 decision no 16/58 of the high authority of 24 July 1958, article 15; official journal 1958, p. 275). 1. Cf. Paragraph 1, summary case 36/64, (1965) ECR 329. Cf. Paragraph 2, summary case 2/56, (1957 and 1958) ECR 3. The high authority is under no obligation to communicate all the details of its preliminary investigations, or to make known its views on wholly irrelevant objections. A party cannot plead to its advantage any uncertainties in the high authority’s attitude caused by that party’s own conduct. 2. Article 12 of decision no 13/58 of the high authority and article 15 of decision no 16/58 of the high authority are designed to enable the high authority, either in the absence of any declaration or where a declaration is incomplete or insufficiently proven, to make good by any suitable means the lack of a declaration or to remedy the omissions or inaccuracies in declarations supplied by undertakings. The powers conferred on the high authority to correct declarations are not distinct from those which it may exercise in the total absence of a declaration.

Citations:

C-3/67, [1968] EUECJ C-3/67

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 20 May 2022; Ref: scu.131833