By the first plea for annulment the applicants maintain that the contested decision is null and void, since the decision exceeds the powers conferred by the Treaty on European Union on not only the European Central Bank but also the European Commission, that is to say, it is an act which was ultra vires of those two institutions.

Articles 24 and 25 of the Order No 35 limit the provision of loans only to those companies which comply with national development policies for the iron and steel industry, therefore the claim of the GOC are not required to follow the industrial policies is in contradiction to this evidence.

Those so empowered shall act within the limits of the powers expressly conferred upon them.

2. Without prejudice to the powers of Member States in the exercise of their public authority, the European Community, acting within the limits of the powers conferred on it by the Treaty establishing the European Community, shall prevent the direct or indirect supply, sale and transfer to the individuals, groups, undertakings and entities referred to in Article 1 of technical advice, assistance, or training related to military activities from the territories of the Member States, or using their flag vessels or aircraft, or by nationals of Member States outside their territories, under the conditions set out in UNSCR 1390(2002).

2. Without prejudice to the powers of Member States in the exercise of their public authority, the European Community, acting within the limits of the powers conferred on it by the Treaty establishing the European Community, shall prevent the direct or indirect supply, sale and transfer to the individuals, groups, undertakings and entities referred to in Article 1 of technical advice, assistance, or training related to military activities from the territories of the Member States, or using their flag vessels or aircraft, or by nationals of Member States outside their territories, under the conditions set out in UNSCR 1390(2002).

Whereas there must be strict control of the delegation and subdelegation of powers to sign; whereas staff who exercise powers which are not delegated or subdelegated to them or who exercise powers in excess of the limits of the powers expressly conferred on them must be made liable to disciplinary action and, where appropriate, to payment of compensation;