ECJ Application for annulment. Decisions of the high authority – statement of reasons – reference to opinions obtained. For an application by an undertaking or by an association of undertakings against a general decision of the high authority to be admissible it is enough for the applicant formally to allege that there has been a misuse of powers affecting it. The allegation must indicate the reasons for which the applicant considers that there has been a misuse of powers affecting it. If the applicant is an association of undertakings, it is sufficient for it to claim that there has been a misuse of powers affecting one or more undertakings which are members of the association.
the treaty does not impose any further condition for an application to be admissible such as, for example, proof that a misuse of powers affecting the applicant has actually been committed, since this latter question goes to the substance. Under article 15 of the Treaty, the High Authority is bound to state in its decisions the reasons for which it decided to promulgate the rules in question and is bound to refer to the fact that the opinions required by the treaty have been obtained. On the other hand, the Treaty does not require that it should mention, still less that it should try to refute, the divergent opinions expressed by the consultative bodies or by some of their members; failure to do so cannot be regarded as proof, or even the merest evidence, in support of the submission of misuse of powers.
Citations:
C-4/54, [1955] EUECJ C-4/54
Links:
European
Updated: 20 May 2022; Ref: scu.131530
