BOTH ON OPPORTUNITIES OF SELLING ON THE COMMUNITY MARKET AND ON EXPORT OPPORTUNITIES . AS THE COMMISSION HAS RIGHTLY EXPLAINED , THE LAYING DOWN OF PRODUCTION QUOTAS WOULD BE INEFFECTIVE IF UNDERTAKINGS WERE TO REMAIN AT LIBERTY TO EXPORT QUANTITIES WITHOUT ANY SUPERVISION TO NON-MEMBER COUNTRIES , SINCE THE EFFECT OF SUCH EXPORTS MIGHT BE NOT ONLY TO COMPROMISE THE INTERESTS OF THE COMMUNITY IN THOSE MARKETS BUT ALSO TO DEFLECT SOME OF THE GOODS BACK TO THE DOMESTIC MARKET AND TO JEOPARDIZE ITS EQUILIBRIUM .
44 THE JUDGMENT OF 7 JULY 1982 ALSO EMPHASIZED THAT IT LIES WITHIN THE DISCRETION OF THE COMMISSION TO TAKE TRADE WITH NON-MEMBER COUNTRIES INTO ACCOUNT IN THE CONTEXT OF THE MEASURES TO BE ADOPTED IN PURSUANCE OF ARTICLE 58 . IN THAT RESPECT IT IS , IN FACT , FOR THE COMMISSION TO TAKE ACCOUNT BOTH OF THE NEEDS OF THE COMMON MARKET ITSELF AND OF THE INTERESTS OF THE COMMUNITY IN ITS RELATIONS WITH NON-MEMBER COUNTRIES . WHILST IT IS TRUE THAT ARTICLE 58 EMPOWERS THE COMMISSION , IN PERIODS OF MANIFEST CRISIS , TO TAKE ACTION WITH REGARD TO PRODUCTION WITHOUT REGARD TO TRADE WITH NON-MEMBER COUNTRIES , THE PROVISION CANNOT BE INTERPRETED AS MEANING THAT IT PERMITS NO MORE THAN THE ALLOCATION TO EVERY UNDERTAKING OF A COMPREHENSIVE PRODUCTION QUOTA WHICH MAY BE DISPOSED OF EITHER ON THE DOMESTIC MARKET OR ON THE MARKET OF NON-MEMBER COUNTRIES .
45 IT FOLLOWS THAT THE COMMISSION DID NOT EXCEED THE POWERS WHICH IT DERIVES FROM ARTICLE 58 WHEN , IN THE CONTESTED DECISION , IT FIXED SEPARATE QUARTERLY REFERENCE PRODUCTION FIGURES AND REFERENCE QUANTITIES FOR THE APPLICATION OF THE ABATEMENT RATES GOVERNING THE DETERMINATION OF THE PRODUCTION QUOTA AND OF THAT PART OF PRODUCTION WHICH MIGHT BE DELIVERED ON THE COMMON MARKET .
46 THAT SUBMISSION MUST THEREFORE ALSO BE REJECTED .
Decision on costs
COSTS
47 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . AS THE APPLICANT HAS FAILED IN ITS SUBMISSIONS IT MUST BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT ( FOURTH CHAMBER )
HEREBY :
1 . DISMISSES THE APPLICATIONS ;
2 . ORDERS THE APPLICANT TO PAY THE COSTS .