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ECSC High Authority: Décision No 19-63 of 11 December 1963… Article 2

ECSC High Authority: Décision No 19-63 of 11 December 1963… Article 2

Article 2

The following Articles 7, 8 and 9 shall be substituted for Article 7 of Decision No 30-53: "Article 7 It shall be a prohibited practice within the meaning of Article 60 (1) of the Treaty for an undertaking to sell the products specified in Annex I, with the exception of scrap, through its selling agencies (Article 1 (2)) at prices and on conditions which do not correspond to its own prices and conditions of sale. Article 8(1) Undertakings and their selling agencies shall require middlemen selling the products specified in Annex I, with the exception of scrap: - either in the name and on behalf of the undertakings or their selling agencies (e.g. employees, agents, representatives) ; or - in their own name but on behalf of the undertakings or their selling agencies (e.g. commission agents, agents for goods on consignment), to apply in their transactions the price lists and conditions of sale of the undertakings or of their selling agencies and to observe the provisions of Articles 2 to 6 of this Decision. (2) Undertakings shall be held responsible for infringements of the above obligations by such middlemen. (3) Undertakings and their selling agencies shall furnish the High Authority, at its request, with all particulars of the commercial operations of the middlemen referred to in paragraph (1) and enable it to consult any of their records which could help it to assess the nature of such transactions. Article 9 Undertakings and their selling agencies shall frame their conditions of sale in such a way that their customers (dealers), in reselling their products in the unaltered state other than by sale from stock in the case of steel and by retail in the case of coal, are under an obligation to comply with the rules set out in Articles 2 to 6 of this Decision." PART TWO Obligations of undertakings with respect to sales by alignment Article 3 1. Article 2 (2) of Decision No 30-53, as amended by Decision No 1-54, is hereby repealed. 2. Article 2 of Decision No 30-53, as amended by Decision No 1-54 shall be supplemented by the following paragraphs (2) and (3): "(2) It shall be a prohibited practice within the meaning of Article 60 (1) of the Treaty for a seller to align his quotation on the price list of a competitor in the common market under Article 60 (2) (b) of the Treaty, where the seller cannot show that the conditions for alignment were fulfilled and that as regards the mode of quotation he has observed the requirements of Article 3 (1) and (2) of this Decision. (3) It shall be a prohibited practice within the meaning of Article 60 (1) of the Treaty for a seller to align his quotation on the terms offered by undertakings outside the Community under the last subparagraph of Article 60 (2) (b) of the Treaty, where the seller cannot show that alignment was necessitated by actual competition from the undertaking outside the Community and that as regards the mode of quotation he has observed the requirements of Article 3 (3) of this Decision."

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CitationArticle 2 of ECSC High Authority: Décision No 19-63 of 11 December 1963… (LawPlayer, data as of 2026-07-04)

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