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Netherlands Government v. The High Authority.

Court of Justice of the European Communities.  15 July 1960 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Court of Justice of the European Communities — Procedure — Intervention — Conditions for — Appeal for annulment of decision of High Authority by Government of member State — Intervention by private persons — Limitations on object of such intervention — Whether intervenormaymake submissions regarding actions of High Authority vis — à — vis the Government.

International organization — European Goal and Steel Community — Decision of High Authority concerning publication of transport tariffs — Decision purporting to be passed under self-executing provision of Treaty, Article 70 — Power to regulate publication of tariffs by member States conditional upon renunciation of right by State — Whether such renunciation express or implied in Treaty — Whether decision passed under Article 88 may impose obligation — Violation of substantial procedural requirement — Requirement that High Authority should grant prior opportunity to Government to submit observations — Violation of Treaty — Requirement that decision state in what way Government had not complied with Article 70 of Treaty.

Type
Case Report
Copyright
© Cambridge University Press 1966

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