State responsibility — For debts — Settlement by creditor with consent of creditor’s Government — Whether reference to gold-yen constitutes a gold clause — Relevance of judgments in Serbian Loans case — Effect of interruption of service of loan and of fall in value of currency of repayment — Effect of war on debts — Settlement of dispute by conciliator on practical and equitable basis.

State Responsibility — For debts — Effect of suspension of payment and of fall in value of currency of repayment — Role of conciliator in effecting settlement — Fair and practical opinion — Relevance of earlier unimplemented settlement — Effect of war on settlement — Effect of non-performance of settlement.

Recognition of acts of foreign Governments — Whether consideration of legislation of revolutionary Government constitutes recognition of that Government — Italian Social Republic.

Recognition of acts of foreign Governments — Legislation of revolutionary Government — Whether legislation of Italian Social Republic constitutes “laws in force” for purposes of Treaty of Peace with Italy — Principle of effectiveness.

Recognition — Of States — Status of revolutionary Government — Whether legislation of Italian Social Republic constitutes “laws in force” for purposes of Treaty of Peace with Italy — Principle of effectiveness.

Recognition — Of Governments — Whether consideration of legislation of revolutionary Government constitutes recognition of that Government — Italian Social Republic.

Jurisdiction — Territorial — Territorial limits of — Authority in State divided between lawful Government and rebel Government — Scope of legislation of rival Governments — Principle of effectiveness — Position in Italy after Armistice, 1943 — Scope of laws of Government of Italian Social Republic.

State responsibility — Nature and kinds of — Acts of revolutionary Governments — Responsibility of Italy for acts of revolutionary Government of Italy during Second World War.

Treaties — Interpretation of — Miscellaneous — Treaties of peace — Restitution and reparation provisions — Meaning of “treated as enemy” with relation to “the laws in force in Italy during the war” — Whether erroneous application to Italian national of statute directed at enemy nationals constitutes treatment as enemy — Non — conformity with Italian legislation in force during war — Racial — discrimination legislation enacted after Armistice of 1943 — Ordinary meaning of words — Treaty of Peace with Italy, Article 78 (9) (a).

Treaties of peace — Performance of — Restitution and reparation provisions — Meaning of “treated as enemy” with relation to “the laws in force in Italy during the war” — Whether erroneous application to Italian national of statute directed at enemy nationals constitutes treatment as enemy — Non-conformity with Italian legislation in force during war — Racial-discrimination legislation enacted after Armistice of 1943 — Ordinary meaning of words — Principle of effectiveness — Connection with war.

State responsibility — Claims — Nationality of — Meaning of “treated as enemy” with relation to “the laws in force in Italy during the war” — Whether erroneous application to Italian national of statute directed at enemy nationals constitutes treatment as enemy-Non-conformity with Italian legislation in force during war-Racial — discrimination legislation enacted after Armistice of 1943 — Territorial scope of such legislation — Principle of effectiveness — Nature of discriminatory legislation — Connection with war — Treaty of Peace with Italy, Article 78 (9) (a).

Recognition of acts of foreign Governments — Whether consideration of legislation of revolutionary Government constitutes recognition of that Government — Italian Social Republic.

Recognition of acts of foreign Governments — Legislation of revolutionary Government — Whether legislation of Italian Social Republic constitutes “laws in force” for purposes of Treaty of Peace with Italy — Principle of effectiveness.

Recognition — Of States — Status of revolutionary Government — Whether legislation of Italian Social Republic constitutes “laws in force” for purposes of Treaty of Peace with Italy — Principle of effectiveness.

Recognition — Of Governments — Whether consideration of legislation of revolutionary Government constitutes recognition of that Government — Italian Social Republic.

Jurisdiction — Territorial — Territorial limits of — Authority in State divided between lawful Government and rebel Government — Scope of legislation of rival Governments — Principle of effectiveness — Position in Italy after Armistice, 1943 — Scope of laws of Government of Italian Social Republic.

State responsibility — Nature and kinds of — Acts of revolutionary Governments — Responsibility of Italy for acts of revolutionary Government of Italy during Second World War.

Treaties — Interpretation of — Principles and rules of — Natural meaning of terms — When excluded — Unreasonableness or inconsistency.

Treaties — Interpretation of — Miscellaneous — Treaties of peace — Restitution and reparation provisions — Meaning of “treated as enemy” with relation to “the laws in force in Italy during the war” — Whether application of racial — discrimination legislation enacted after Armistice of 1943 constitutes such treatment as enemy — Literal interpretation — Ordinary meaning of words — Interpretation of treaty as a whole — Reference to preamble as aid to interpretation — Interpretation in light of general international law — Treaty of Peace with Italy, Article 78 (9) (a).

Treaties of peace — Performance of — Restitution and reparation provisions — Meaning of “treated as ene1ny” with relation to “the laws in force in Italy during the war” — Whether application of racial — discrimination legislation enacted after Armistice of 1943 constitutes such treatment as enemy — Ordinary meaning of words — Principle of effectiveness — Connection with war.

War — Warfare on land — Belligerent occupation — Nature and effects of — Effect on sovereignty of occupied State — Distinction between belligerent occupation and de facto government — Whether Government de facto created by occupying authorities is to be treated as effective Government of occupied territory — Position of Italian Social Republic.

State responsibility — Claims — Nationality of — Meaning of “treated as enemy” with relation to “the laws in force in Italy during the war” — Whether application of discriminatory legislation enacted after Armistice of 1943 constitutes such treatment — Legislation enacted by Government of Italian Social Republic — Territorial scope of — Principle of effectiveness — Nature of discriminatory legislation — Connection with war — Treaty of Peace with Italy, Article 78 (9) (a).

Treaties — Operation of — Relation to municipal law — Effect of action under municipal law contrary to treaty provision — Treaty establishing European Coal and Steel Community and Protocol on Privileges and Immunities — Tax improperly assessed by authorities of member State on income of family of Community official — Obligation of member State to withdraw assessment and make reparation.

International organization — International officials — Immunities of — Extent of immunity from taxation — Whether salary of official exempt from aggregation to determine rate of tax due on joint family income — Indirect taxation of salary — Protocol on Privileges and Immunities of European Coal and Steel Community, Article 11 (b) — Law applicable in interpreting this provision — Ratio legis of exemption from taxation.

Court of Justice of the European Communities — Access to — By individual official of Community in action against Government of his national State — Whether action should be brought by High Authority on behalf of official — Whether local remedies must be exhausted before appeal to Court admissible — Principle in Treaty of strict separation of powers of Court from those of municipal courts of member States — Protocol on Privileges and Immunities, Article 16 — Who are "parties " to "dispute" within Article 16.

Officials of international organizations — Right to privileges and immunities — European Coal and Steel Community — Immunity of officials from taxation — Extent of — Whether salary of official exempt from aggregation to determine rate of tax due on joint family income — Indirect taxation of salary — Whether local remedies must be exhausted before appeal to Court of Communities admissible — Protocol on Privileges and Immunities of Community, Article 11 (b) — Law applicable in Interpreting this provision — Relevance of Belgian law — Ratio legis of exemption from taxation — Exemption as “legitimate interest” of Community.

International organization — European Coal and Steel Community — Decisions and opinions of High Authority — Opinion of High Authority on investment programme of enterprise submitted under Article 54 (4) of Treaty — Whether such opinion can be subject of appeal for annulment — Meaning of “opinion” within Article 54 (4) — Whether opinion can constitute disguised decision — Criteria for classifying act of High Authority as a decision — Time-limits for taking action — Whether there is a limit for issuance of opinion under Article 54 (4) — Relevance of principles of sound administration — Effect of non-observance of time-limit on legal nature of act — Effect of absence of reasons for act — Reasons as constitutive element of act — Effect of finding by Court that appeal for annulment inadmissible because brought against an opinion and not against a decision — Whether opinion can have legally binding effects after such finding.

Court of Justice of the European Communities — Procedure — Intervention — Conditions for admissibility of — Statute of Court of European Coal and Steel Community, Article 34 — Effect of making application to intervene — Language in which application to be drawn.

International organization — European Goal and Steel Community — Treaty establishing Community, Articles 67 and 4 (c) — Prohibition of State subsidies — Government-sponsored shift bonus to German coal face miners — Legality of — Whether affected by coal enterprises’ obligation to pay Government contribution to miners’ welfare funds — Failure of High Authority to declare action of German Government to be in violation of Treaty — Respective competence of Authority and member States in matter of subsidies — Whether competence of Authority limited to powers conferred on it by member States — Interpretation of Articles 67 and 4 (c) by reference to intention of parties.

Court of Justice of the European Communities — Provisional measures — Request for suspension of execution of decision of High Authority — Time for making request — Request made after closure of written and oral proceedings on merits.

International organization — European Coal and Steel Community — Convention containing Transitional Provisions — Competence of High Authority — Decisions of Authority required to be taken during transitional period — Notification of decisions to Government concerned after expiry of period — Determination of date of decision — Alleged violation of Convention, section 23, and Treaty, Article 70 — Meaning of concept of discrimination in Treaty — Breach of substantial procedural requirement — Requirement of reasons for decision of High Authority — Détournement de pouvoir — Necessity for supporting this ground with precise evidence.

International organization — European Coal and Steel Community — Decisions of High Authority — Effect on Governments of member States — Whether decision creates direct obligation or is a mere statement of conditions for authorization by High Authority under Article 70 of Treaty — Suspensive effect of appeal to Court against decision of High Authority — Time from which decisions become binding — Scope of appeal en pleine juridiction by Government under Article 88 — Time-limit for appeal against individual decision — Treaty, Articles 33 and 36 — Length of time to be granted by High Authority to Governments for compliance with decisions.

Court of Justice of the European Communities — Functions Whether it is part of Court's duty to ensure respect for municipal law of member States — Power of Court to interpret or apply constitutional law of member States.

Court of Justice of the European Communities — Costs — Apportionment of — Rules of Procedure, Article 69.

International organization — European Goal and Steel Community — Decisions of High Authority — Violation of substantial procedural requirement — Requirement of reasons for decisions of High Authority — Rationale of this requirement — Decision authorizing trading regulations on basis of criteria as to amount of coal bought and sold by wholesaler — Inadequate reasons for selecting and changing these criteria — Alleged violation of Treaty, Article 65 — Détournement de pouvoir — Use of powers for illegal purpose.

Court of Justice of the European Communities — Costs — Costs of expert examination ordered by Court into economic aspects of railway tariffs — Rules of Procedure, Articles 49 (1) and 73 (a).

International organization — European Coal and Steel Community — Decisions of High Authority — Appeal by enterprises for annulment of decision concerning rail tariffs contained in letter from Authority to Government of member State — Whether enterprises have sufficient interest to bring appeal — Violation of Treaty, Article 70 — Element of subsidy in rail tariffs — Whether tariffs also discriminatory within Article 4 — Powers of High Authority to grant time-limits for modification of tariffs under Convention containing Transitional Provisions — Competence of Authority to interfere in transport matters — Requirement of discrimination as condition of such competence.

Court of Justice of the European Communities — Provisional measures — Request for suspension of execution of decision of High Authority — Competence of High Authority to impose sanctions upon Government — Decision limited to setting out breach by Government of obligations under Treaty — Whether request for suspension justified.

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 States — 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.

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.

International organization — European Coal and Steel Community — What constitutes a decision of High Authority — Authority estopped from denying existence of decision after confirming substance of earlier notification to plaintiffs — Violation of Treaty, Article 65 — Whether accounting period for assessment of tax on consumption of scrap more restrictive than necessary for purpose of subsidy system — Whether Court has jurisdiction to consider political or economic desirability of decision.

Court of Justice of the European Communities — Provisional measures — Request for suspension of execution of decision of High Authority — Decision constituting refusal of authorization of trading regulations — Competence of Court to compel authorization by administration — Competence of Court to grant provisional authorization — Whether suspension may be granted if damage to plaintiffs can be compensated.

Court of Justice of the European Communities — Costs — Vexatious costs — Plaintiffs led to bring appeal by action of High Authority — Part of plaintiffs' costs charged to High Authority.

International organization — European Coal and Steel Community — What constitutes a decision of High Authority — Decision authorizing trading regulations with preamble containing conditions under which future authorization of such regulations would be granted — Whether conditions constituted part of decision with binding effect or were merely indications of future action by High Authority — Violation of Treaty — Power of High Authority under Article 47 — Whether decision appointing inspectors to report and study under Article 47 had legal effect upon enterprise or was merely internal measure.

Court of Justice of the European Communities — Procedure — Pleadings — Request — Requirement that all grounds of appeal be fully set out in original request.

International organization — European Coal and Steel Community — What constitutes a decision of High Authority — Implied decision resulting from inaction — Date from which inaction to be calculated for purpose of bringing action before Court — Appeal on ground that decision vitiated by fault — Circumstances in which such appeal allowable.

Court of Justice of the European Communities — Provisional measures — Request for suspension of decision of High Authority — Requirement that decision must be challenged in principal appeal prior to or concurrent with request — Decision involving pecuniary obligations — Forced execution — Requirement of justifiable fear of forced execution — Rules of Procedure, Articles 63 and 64.

Court of Justice of the European Communities — Rectification of judgment — Obvious inaccuracies — Distinction between rectification and interpretation of judgment — Rules of Procedure, Article 57.

International organization — European Coal and Steel Community — Competence of High Authority — Treaty, Article 92 — Decision of High Authority demanding repayment of subsidy paid to plaintiffs as result of fraudulent certificate — Implied power of Authority to enforce repayment of sums wrongly paid — Whether Authority should enforce repayment by private law means — Public law nature of subsidy system — Liability of enterprises to check certifying documents — Whether plaintiffs benefited from unjustified enrichment — Whether plaintiffs liable to repay subsidy — Decision violating rule of law concerning application of Treaty.

International organization — European Coal and Steel Community — Competence of High Authority — Decision of Authority required to be taken during transitional period — Notification to Government concerned after expiry of period — Determination of date of decision — Alleged violation of Convention containing Transitional Provisions, section 23 — Violation of substantial procedural requirement — Treaty, Article 15, and Convention, section 10 — Extent of requirement that High Authority should consult Commission of Experts on measures concerning transport tariffs — Violation of Treaty, Articles 4 and 70, and Convention, section 10 — Meaning of concept of discrimination in Treaty — Extent of discretion of Authority to approve special domestic transport tariffs benefiting one or more enterprises — Effect on competence of High Authority of Articles 2 and 3 of Treaty concerning objectives of Community — Meaning of “the establishment of the lowest possible prices” in Article 3 (c).

Court of Justice of the European Communities — Provisional measures — Request for suspension of execution of decision of High Authority — Requirement of proof that plaintiff would suffer serious and irreparable damage if request not granted.

International organization — European Coal and Steel Community — Powers of High Authority to obtain information from enterprises and to verify such information — Right of enterprise to request prior decision of High Authority if it believes Authority's officials are exceeding scope of their mission — Whether obtaining information and verification of it constitute separate operations to be carried out in succession — Treaty, Article 47 — Charge of violation of — Requirement of reasons for decision of High Authority — Competence of High Authority to order verification in respect of sectors of mixed enterprise not within scope of Treaty — Détournement de pouvoir — Need for plaintiff to specify ultra vires aims being pursued.