ECJ 1. Article 37 of the ecsc treaty, which is in direct relation to the second paragraph of article 2, assigns to the high authority, subject to review by the court, an exceptional power enabling it to deal with the consequences arising from the application of clauses of the treaty which do not specifically refer to the existence or the threat of fundamental and persistent disturbances.
2. The essential aim of article 37 is to allow for the reconciliation of the interests of a member state affected by the existence of fundamental and persistent disturbances or the threat of this ( in application of the basic provision set out in the second paragraph of article 2 ) and the general interests of the community. The measures adopted to this end by the high authority must be necessary and appropriate and must therefore constitute a proper remedy to the disturbed situation whilst safeguarding the essential interests of the community.
The satisfaction of these conditions is subject to review by the court which has been given extremely wide powers in this respect.
3. It is evident from the wording of the first paragraph of article 37 that the right to raise the matter with the high authority is held exclusively by the state in which the disturbed situation has appeared or has threatened to appear.
4. Only the member state concerned may institute proceedings against the express or implied refusal of the high authority to accede to its request or against a decision adopting measures which it regards as being insufficient.
The other member states also have the capacity to institute proceedings under the third paragraph of article 37 to contest the existence of disturbances or the necessity and appropriateness of measures adopted by the high authority.
5. On the other hand, undertakings do not have the right to rely on the third paragraph of article 37 since proceedings under this provision put in question the political responsibility of the member states and of the high authority, particularly in respect of reconciliation of the general interest of a member state with the general interest of the community.
Undertakings and associations of undertakings also have no right, by virtue of article 33 on its own or in conjunction with article 37, to contest a decision taken by the high authority under the second paragraph of article 37 since any judgment of the high authority’s use of the special power assigned to it by article 37 should in any event be based not on the provisions of article 33 but on those of article 37.
Citations:
C-3/60, [1961] EUECJ C-3/60
Links:
European
Updated: 21 June 2022; Ref: scu.213752