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Acciaieria E Tubificio di Brescia v. The High Authority.

Court of Justice of the European Communities.  04 April 1960 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

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.

Type
Case Report
Copyright
© Cambridge University Press 1966

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