Europa 1. Information – checking – checks carried out by private inspectors – selection of inspectors – method of selection – free discretion of high authority – judicial review limited to the results of the checking (ECSC treaty, article 47) 2. Common financial arrangements – statements of account – provisional nature (ECSC treaty, article 53) 3. Common financial arrangements – equalization – statement of the reasons upon which the general decisions relating thereto are based 4. Common financial arrangements – equalization – information from the undertakings subject to the scheme – duty of the high authority – scope (ECSC treaty, articles 47 and 53) 1. The checks carried out by the high authority pursuant to article 47 of the treaty through private auditing companies are not a delegation by it of its powers but the exercise by it of its own powers by making use of the information which it has obtained on its own responsibility. It follows that an undertaking subject to investigation cannot dispute the procedures adopted for the selection of those appointed to carry out the investigation but can only challenge the results by adducing evidence that they are incorrect. Cf. Para. 5, summary in judgment in case 18/62, (1963) ECR 533. 2. As the statements of account relating to equalization reflect the stage reached in the investigations and checks being carried out, they are only provisional. Cf. Para. 4, summary in judgment in case 108/63 (1965) ECR 2. 3. The requirement that the reasons upon which general decisions relating to equalization are based must be stated does not include an obligation to reproduce in detail all the results of the checks. 4. When establishing an equalization the high authority is only obliged to inform the undertakings subject thereto of the rate of contribution and the equalization price, factors which are necessary to enable them to fix their sale prices. The high authority is not obliged to make known to the undertakings subject to the scheme the other factors relating to the equalization calculations.
Citations:
C-30/65, [1966] EUECJ C-30/65
Links:
European
Updated: 20 May 2022; Ref: scu.131800
