Keywords

Summary



Keywords

1 . ECSC - PRODUCTION - SYSTEM OF QUOTAS - OBLIGATION OF THE COMMISSION TO CARRY OUT STUDIES JOINTLY WITH UNDERTAKINGS AND ASSOCIATIONS OF UNDERTAKINGS - LIMITS

( ECSC TREATY , ART . 58 ( 2 ))

2 . ECSC - PRODUCTION - SYSTEM OF QUOTAS - EXISTENCE OF A MANIFEST CRISIS - EXPRESS FINDING FOR EACH SECTOR OF THE STEEL INDUSTRY - NOT REQUIRED

( ECSC TREATY , ART . 58 ( 1 ))

3 . ECSC - PRODUCTION - SYSTEM OF QUOTAS - INSUFFICIENCY OF THE MEANS OF ACTION PROVIDED FOR IN ARTICLE 57 OF THE TREATY - POWER OF APPRAISAL OF THE COMMISSION

( ECSC TREATY , ARTS . 57 AND 58 ( 1 ))

4 . ECSC - PRODUCTION - SYSTEM OF PRODUCTION QUOTAS FOR STEEL - DECISION NO 2794/80 - RETROACTIVE NATURE

5 . MEASURES OF THE INSTITUTIONS - TIME FROM WHICH THEY TAKE EFFECT - PRINCIPLE THAT THEY MAY NOT BE RETROACTIVE - EXCEPTIONS - CONDITIONS

6 . ECSC - OBJECTIVES - COMPROMISE BETWEEN VARIOUS OBJECTIVES - DUTY OF THE COMMISSION

( ECSC TREATY , ARTS . 2 , 3 , AND 4 )

7 . ECSC - PRODUCTION - SYSTEM OF QUOTAS - CONCOMITANT ADOPTION OF MEASURES CONCERNING IMPORTS FROM NON-MEMBER COUNTRIES - POWER OF APPRAISAL OF THE COMMISSION

( ECSC TREATY , ART . 58 ( 1 ))

8 . ECSC - PRODUCTION - SYSTEM OF PRODUCTION QUOTAS FOR STEEL - DISTINCTION BETWEEN INTEGRATED AND NON-INTEGRATED UNDERTAKINGS - NOT PERMISSIBLE

( ECSC TREATY , ART . 58 )

9 . ECSC - PRODUCTION - SYSTEM OF PRODUCTION QUOTAS FOR STEEL - PRINCIPLE OF SOLIDARITY - EXCLUSION FROM THE SYSTEM OF SMALL AND MEDIUM-SCALE UNDERTAKINGS - NOT PERMISSIBLE

( ECSC TREATY - ART . 58 ; DECISION NO 2794/80 )

Summary

1 . ALTHOUGH , PURSUANT TO ITS OBLIGATION UNDER ARTICLE 58 ( 2 ) OF THE ECSC TREATY TO CARRY OUT STUDIES JOINTLY WITH UNDERTAKINGS AND ASSOCIATIONS OF UNDERTAKINGS IN ORDER TO DETERMINE PRODUCTION QUOTAS , THE COMMISSION IS OBLIGED TO CONSULT UNDERTAKINGS AND ASSOCIATIONS IN CONDUCTING SUCH STUDIES , THAT OBLIGATION DOES NOT IMPLY THAT IT MUST CONSULT EACH UNDERTAKING INDIVIDUALLY OR THAT IT MUST OBTAIN THE AGREEMENT OF THE STEEL PRODUCERS TO THE MEASURES PROPOSED .

2 . THE COMMISSION IS NOT BOUND BY THE TERMS OF ARTICLE 58 OF THE ECSC TREATY TO ESTABLISH IN ITS DECISIONS FIXING PRODUCTION QUOTAS FOR THE STEEL INDUSTRY A FINDING THAT THERE WAS A MANIFEST CRISIS IN EVERY SECTOR OF THE STEEL INDUSTRY IF THERE IS MANIFESTLY A GENERAL CRISIS .

3 . IN THE EVENT OF A MANIFEST CRISIS ARTICLE 58 OF THE ECSC TREATY CONFERS UPON THE COMMISSION A WIDE POWER TO APPRAISE WHETHER THE INDIRECT MEANS OF ACTION AT ITS DISPOSAL UNDER ARTICLE 57 OF THAT TREATY HAVE PROVED INSUFFICIENT AND WHETHER IT IS NECESSARY TO INTERVENE DIRECTLY IN ORDER TO RESTORE THE BALANCE BETWEEN SUPPLY AND DEMAND .

4 . ALTHOUGH DECISION NO 2794/80/ECSC FIXED PRODUCTION QUOTAS FOR THE STEEL INDUSTRY FROM 1 OCTOBER 1980 , WHEREAS IT DID NOT ENTER INTO FORCE UNTIL 31 OCTOBER 1980 , IT DID NOT HAVE GENUINE RETROACTIVE EFFECT SINCE THE UNDERTAKINGS WERE ABLE TO ADJUST THEIR PRODUCTION IN NOVEMBER AND DECEMBER TO TAKE ACCOUNT OF THEIR QUOTAS FOR THE QUARTER AND THEREBY AVOID ANY INFRINGEMENT .

5 . ALTHOUGH IN GENERAL THE PRINCIPLE OF LEGAL CERTAINTY PRECLUDES A COMMUNITY MEASURE FROM TAKING EFFECT FROM A POINT IN TIME BEFORE ITS PUBLICATION , IT MAY EXCEPTIONALLY BE OTHERWISE WHERE THE PURPOSE TO BE ACHIEVED SO DEMANDS AND WHERE THE LEGITIMATE EXPECTATIONS OF THOSE CONCERNED ARE DULY RESPECTED .

6 . IT IS NOT CERTAIN THAT ALL THE OBJECTIVES OF THE ECSC TREATY CAN BE SIMULTANEOUSLY PURSUED IN THEIR ENTIRETY AND IN ALL CIRCUMSTANCES . IT IS THE TASK OF THE COMMISSION TO EFFECT A PERMANENT COMPROMISE BETWEEN THOSE DIFFERENT OBJECTIVES .

7 . UNDER THE TERMS OF ARTICLE 58 ( 1 ) OF THE ECSC TREATY THE COMMISSION HAS POWER TO TAKE ' ' TO THE NECESSARY EXTENT ' ' THE MEASURES PROVIDED FOR IN ARTICLE 74 AT THE SAME TIME AS ANY MEASURE TAKEN ON THE BASIS OF ARTICLE 58 . THE APPRAISAL OF THE NECESSITY OF TAKING SUCH MEASURES IS A MATTER FOR THE COMMISSION , SUBJECT TO THE COURT ' S POWER TO REVIEW THE LAWFULNESS OF THE COMMISSION ' S EXERCISE OF ITS DISCRETION .

8 . ONCE THE COMMISSION DECIDES TO ESTABLISH A GENERAL SYSTEM OF QUOTAS FOR THE STEEL INDUSTRY , IT CANNOT DISTINGUISH BETWEEN INTEGRATED AND NON-INTEGRATED UNDERTAKINGS IF IT WISHES TO ACHIEVE ITS OBJECTIVE OF REDUCING PRODUCTION .

9 . BY PROVIDING FOR INTERVENTION BY MEANS OF COERCIVE ACTION IN CERTAIN DEFINED CIRCUMSTANCES THE ECSC TREATY DEROGATES FROM THE NORMAL RULES GOVERNING THE WORKING OF THE COMMON MARKET , WHICH ARE BASED ON THE PRINCIPLE OF THE MARKET ECONOMY .

THEREFORE IT CANNOT BE ARGUED THAT THE COMMISSION SHOULD NOT INCLUDE SMALL AND MEDIUM-SCALE STEEL UNDERTAKINGS , WHICH ARE MORE EFFICIENT , IN A SYSTEM OF PRODUCTION QUOTAS FOR STEEL SINCE THAT SYSTEM WOULD OTHERWISE BE RENDERED INEFFECTIVE .